dismissedSEP302024_11B52032024-09-30 · motion_reconsider · Texas Service Center
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.
The Petitioner, a medical technologist, proposed to assess the accuracy and reliability of diagnostic testing devices for infectious diseases through developing and implementing quality control systems, protocols, and methods.
Field: medical technology / diagnostic testing · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we noted that the submitted evidence relates to the substantial merit and importance of the field of diagnostic testing, rather than the broader implications of the Petitioner's specific endeavor.”
“without sufficient information or evidence regarding any projected economic impact or job creation directly attributable to his future work”
AAO decision text
How the evidence was treated
- other · discounted
“the submitted evidence relates to the substantial merit and importance of the field of diagnostic testing, rather than the broader implications of the Petitioner's specific endeavor”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable
This is a motion to reconsider following a prior AAO dismissal on appeal; the AAO's review is limited to whether its prior decision misapplied law or policy, and it reaffirms its original prong 1 analysis without reaching prongs 2 or 3.
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. 103.5
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