NIW Bearings
dismissedAPR102023_03B52032023-04-10 · appeal · 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.

Petitioner initially proposed to work as a marketing manager for U.S. employers seeking to target Latin America and the Caribbean, but in response to the RFE changed the endeavor to serving as CEO of their own marketing consulting agency.

Field: marketing · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualifies as a member of the professions holding an advanced degree; this finding was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“The Petitioner's reversal introduced ambiguity into their proposed endeavor which prevented analysis into its substantial merit or national importance.”
“It is not possible to determine the substantial merit and national importance of an endeavor when a Petitioner cannot consistently articulate the nature of the endeavor.”
“The addition of the Petitioner's entrepreneurial business does not enhance the proposed endeavor. It transforms it into a wholly different one.”

AAO decision text

How the evidence was treated

  • recommendation letter · ignored
    “The Petitioner's reversal introduced ambiguity into their proposed endeavor which prevented analysis into its substantial merit or national importance.”
    AAO decision text
  • business plan · discounted
    “The addition of the Petitioner's entrepreneurial business does not enhance the proposed endeavor. It transforms it into a wholly different one.”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
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Notable

AAO rejected petitioner's material change from a marketing-manager endeavor to a self-employed CEO/entrepreneurial endeavor, citing Matter of Katigbak and Matter of Izummi on impermissible post-filing material changes. AAO also summarily rejected a due process claim, noting it lacks authority over constitutional challenges and that no substantial prejudice was shown.

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.

  • Chen v. INS
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

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