NIW Bearings
dismissedAPR262024_04B52032024-04-26 · 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 work as a business executive and educator, though the specific nature of the endeavor and its intended beneficiaries beyond her clients were not clearly detailed in the record.

Field: business executive and educator · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not adequately show through supporting documentation how the Petitioner's services and improvements stand to sufficiently extend beyond her prospective clients to impact the industry or the U.S. economy more broadly at a level commensurate with national importance
Without sufficient evidence regarding the projected U.S. economic impact or job creation directly attributable to his future work, the record does not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar

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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO adopts and affirms the Director's decision under Matter of Burbano rather than conducting independent de novo analysis in detail; also addresses a procedural dispute over late RFE response due to alleged postal delay, finding insufficient evidence the response was timely mailed.

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
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles