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 sought to develop his own dental clinic services firm in Utah offering dental consultations, orthodontic/periodontic services, routine cleanings, and single fixed implant procedures, serving as both general/operations manager and oral/maxillofacial surgeon.
Field: dentistry · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found the Petitioner's foreign dental degree not equivalent to a U.S. doctorate and insufficient proof of five years' progressive post-baccalaureate experience; AAO agreed the initial record did not establish equivalency but withdrew the denial because the Petitioner was never given notice of or an opportunity to rebut USCIS's reliance on the AACRAO EDGE database.
How the evidence was treated
- degree · discounted
“the Petitioner's academic record does not appear to be equivalent to a 'Doctor of Dental Surgery degree' in the United States as claimed”
AAO decision text - business plan · ignored
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Notable
The AAO did not reach any Dhanasar prong; it withdrew the denial solely on due-process grounds because SCOPS relied on the AACRAO EDGE database without giving the Petitioner notice or a chance to rebut it, and remanded for SCOPS to first clarify the nature of the endeavor (dental surgeon vs. entrepreneur vs. combination) and re-assess degree equivalency before reaching the NIW analysis.
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. 103.2(b)(1)
- 8 C.F.R. 103.2(b)(3)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
SCOPS relied on AACRAO EDGE database to find credential deficiency without giving petitioner notice or opportunity to rebut, violating due process; remanded before reaching NIW merits.
Clearly define the specific endeavor (surgeon vs. entrepreneur) early, and ensure credential equivalency evidence anticipates USCIS's own database checks to avoid unnoticed adverse findings.
vague
person_focused
Cases in adjacent profiles
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