NIW Bearings
dismissedAUG012024_07B52032024-08-01 · 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, holding a master's degree in Administrative Management, proposed to serve as a management specialist for a Georgia-based company (with subsidiaries in multiple states), helping it and other U.S. companies develop more innovative and cost-effective business strategies.

Field: management/business administration · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with Director that the Petitioner's foreign master's degree qualifies him as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

“The evidence of the Petitioner's work experience does not support its national importance.”
“the opinion does not provide a supported explanation of how the Petitioner's efforts will make an impact beyond his own employer on a national or global level”
“the authors discuss the importance of the management profession and industry, explain how the industry spurs economic growth, and are the subject of national initiatives.”
“he does not state how many U.S. workers the Petitioner's company would employ or specify other economic benefits his company would create.”
“Although an endeavor that is regionally focused may have national importance, it must still have a broad impact.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the letters provide little probative value in establishing the national importance of the Petitioner's proposed endeavor.”
    AAO decision text
  • other · discounted
    “The Petitioner's evidence does not support how the Petitioner's particular endeavor rises to national importance, but rather addresses...the cultural importance of Hispanic food.”
    AAO decision text
  • resume experience · discounted
    “evidence of the Petitioner's education, skills, and expertise, including work experience, generally relates to the second prong of the Dhanasar framework.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO withdrew the Director's finding of a material change in the proposed endeavor and its finding that the endeavor lacked substantial merit, crediting the Petitioner on those points, but still dismissed the appeal solely on failure to establish national importance, expressly reserving the third Dhanasar prong.

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. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

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