NIW Bearings
dismissedAPR092024_01B52032024-04-09 · appeal · Nebraska 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 proposed to operate her own human resources consulting company in Florida, providing recruiting, hiring, training, and HR support services to small and medium-sized businesses.

Field: human resources · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualified as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework
The Petitioner's claimed extensive experiences as a human resources specialist are material to Dhanasar 's second prong
she has not demonstrated that her undertaking has implications beyond her company's customers to enhance societal welfare on a broader scale
the relevant question is not the importance of the industry or profession in which the individual will work
The Petitioner has not however presented evidence indicating that the benefits to the regional or national economies resulting from her undertaking would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner has not however presented evidence indicating that the benefits to the regional or national economies resulting from her undertaking would reach the level of "substantial positive economic effects"
    AAO decision text
  • recommendation letter · discounted
    immaterial to the first Dhanasar prong
    AAO decision text
  • resume experience · discounted
    material to Dhanasar 's second prong-whether an individual is well positioned to advance a proposed endeavor-but they are immaterial to the first Dhanasar prong
    AAO decision text
  • other · discounted
    The record nonetheless does not establish how the proposed endeavor will have broader implications beyond benefitting the Petitioner's customers
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • experience not progressive or unrelated · p1claimed equivalency experience is not progressive, or sits outside the field
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

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. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the specific endeavor's prospective impact—beyond her own clients/company—rose to a national scale of economic or societal benefit under prong one.

Transferable lesson

Support projected job creation/revenue with corroborated evidence tying scale explicitly to regional or national economic impact, not just company growth figures.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

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