NIW Bearings
dismissedAPR292025_01B52032025-04-29 · appeal

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, a Director of Operations and Finance at a swimming pool company, proposed to enhance the nation's aquatic sports facilities and promote public safety and youth development through sports.

Field: swimming pool construction/aquatics facilities industry · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO agreed, that the Petitioner qualified as an advanced degree professional based on a foreign equivalent Master of Science degree in linguistic sciences.

Prong 1 — national importancenot established · dispositive

SCOPS determined the Petitioner did not establish that her work would extend beyond her company and its clients to impact her field more broadly at a level commensurate with national importance.
While the authors of these letters attest to the Petitioner's skills and past accomplishments, they do not discuss her specific proposed endeavor or establish its potential prospective impact.
The record does not establish that this impact was attributable to the Petitioner's individual contributions to the installation of pools
Our assessment of national importance does not focus on the importance of a field or related issues in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not discuss her specific proposed endeavor or establish its potential prospective impact
    AAO decision text
  • media · discounted
    None of these articles discuss the Petitioner's proposed endeavor.
    AAO decision text
  • other · discounted
    The record does not establish that this impact was attributable to the Petitioner's individual contributions
    AAO decision text
  • degree · credited

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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • 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

Petitioner's proposed endeavor description (aquatic sports facilities/public safety/youth development) was broader than her actual claimed contributions (pool installations for specific institutional clients), and the AAO focused on the mismatch between generic field-level evidence and the specific endeavor.

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

Cases in adjacent profiles