NIW Bearings
dismissedAPR182024_09B52032024-04-18 · 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.

The Petitioner proposed to work as an independent consultant developing and implementing customized international business plans and trade strategies for U.S. small and medium-sized enterprises to improve their profitability, competitiveness, and market expansion.

Field: international trade and business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Merely working in an important field is insufficient to establish the national importance of the proposed endeavor.
The Petitioner does not quantify the proposed endeavor's expected impact in the identified areas of concern, or provide objective, probative evidence to support his contentions.
The Petitioner has not demonstrated that his proposed endeavor extends beyond his work as an independent contractor and his future clients to impact the field or any other industries or the U.S. economy more broadly at a level commensurate with national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    much of the evidence submitted in support of Dhanasar's first prong addresses the industry or profession in which the Petitioner intends to work without discussing his specific proposed endeavor
    AAO decision text
  • other · discounted
    their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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

Notable

The AAO rejected the Petitioner's argument that the Director's use of EB-1-style 'original innovations' language imposed an improper heightened standard, and it declined to reach prongs two and three because the prong-one failure was dispositive.

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
  • Buletini v. INS
  • Flores v. Garland
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles