NIW Bearings
dismissedAPR212025_03B52032025-04-21 · 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 sought to continue her career as a strategic project manager, having been offered a position as a project manager and financial process manager at a company in Florida.

Field: project management · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner's lato sensu specialization certificate is not equivalent to a U.S. master's degree, and that the record lacked sufficient transcripts to establish a U.S. bachelor's degree equivalent (only one year of transcripts submitted, transfer student with no prior institution records), so she failed to establish eligibility as an advanced degree professional despite the Director's contrary finding.

Prong 1 — national importancenot established · dispositive

“the proposed endeavor would not have broader implications beyond the business, its employees and clients, and any individuals and entities with whom the Petitioner would work, to impact the field, industry, or the economy more broadly at a level commensurate with national importance.”
“professional plan lacks sufficient detail in order to establish a connection between her proposed endeavor activities and the positive effects on the economy and job creation impacts she claims.”
“[t]o evaluate the claim that the proposed endeavor will have a multiplier effect, the [P]etitioner must provide more specific information or evidence.”

AAO decision text

How the evidence was treated

  • degree · discounted
    “a lato sensu certificate is not the foreign degree equivalent of a U.S. master's degree”
    AAO decision text
  • business plan · discounted
    “professional plan lacks sufficient detail in order to establish a connection between her proposed endeavor activities and the positive effects on the economy”
    AAO decision text
  • recommendation letter · ignored
    “the letter was dated after the filing of the petition and that it would not be considered”
    AAO decision text
  • resume experience · discounted

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO withdrew the Director's favorable threshold finding sua sponte, determining upon de novo review that the Petitioner's foreign lato sensu certificate and bachelor's degree equivalency were both insufficiently documented (missing transcripts from a prior transfer institution), even though this issue was not the basis of the original denial. The appeal ultimately turned on prong 1 national importance, with the threshold degree issue addressed but not dispositive to the final NIW denial rationale.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-

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