This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
A Brazilian-trained nurse with over 12 years of clinical experience sought to continue nursing work in the United States, performing a combination of administrative and clinical duties for an as-yet-undetermined healthcare facility.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed she qualifies as an advanced degree professional based on a bachelor's degree in nursing plus more than five years of progressive post-baccalaureate experience.
Prong 1 — national importancenot established · dispositive
“the Petitioner has not demonstrated that her specific endeavor would have national economic implications”
“the Petitioner's proposed endeavor is vague because her future U.S. position has yet to be determined”
“she has not established that her specific endeavor would improve healthcare, or boost the economy, broadly enough to be deemed nationally important”
AAO decision text
How the evidence was treated
- resume experience · credited
- degree · credited
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Notable
The Petitioner had not yet secured a specific U.S. employer or position at filing, which the AAO treated as compounding the vagueness of her national-importance claim; the decision also notes the Schedule A shortened labor certification process for nurses but finds that this does not obviate the national-importance requirement for the specific endeavor.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his