NIW Bearings
dismissedAUG022021_01B52032021-08-02 · 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, an IT project manager, proposed to work as an employee or self-employed consultant providing expert IT services, developing research tools, and helping U.S. companies operate in Latin American markets.

Field: information technology (IT) project management / consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The AAO found the Petitioner qualifies as an advanced degree professional based on a foreign bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“we conclude the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and clientele to impact her field or the nation's fiscal condition more broadly”
“she described her proposed endeavor as an intention to "advance her career," a phrase which primarily suggests personal gain”
“Overall, any impact her proposed endeavor has appears to be localized, temporary, and internal in nature”
“the Petitioner has submitted insufficient evidence to support a finding that her proposed endeavor would make any appreciable difference in the "urgent shortage of qualified IT professionals in the U.S."”
“The Petitioner submitted insufficient evidence to support her claim of an increase in Gross Domestic Product (GDP) as a result of tax revenues linked to her business”

AAO decision text

How the evidence was treated

  • contract revenue · discounted
    “Some of these documents are either missing signatures, relevant dates, have been entered into for short (two-week) durations, or were executed after the filing of the I-140 petition.”
    AAO decision text
  • resume experience · discounted
    “The Petitioner's knowledge, skills, and consulting experience, however, are considerations under Dhanasar's second prong.”
    AAO decision text
  • other · discounted
    “these reports and articles are insufficient to substantiate the Petitioner's claims concerning the national importance of her proposed endeavor because they do not speak to the specific impact of the Petitioner's work”
    AAO decision text
  • patents · discounted
    “the Petitioner has not submitted evidence to support a finding that the technology is proprietary, such as patents or other intellectual property documents”
    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
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The decision includes an extended footnote explaining that Dhanasar vacated the prior NYSDOT precedent, though NYSDOT itself was not applied. The AAO also noted evidentiary defects (missing signatures/dates, short-duration or post-filing contracts) as undermining the Petitioner's economic claims.

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)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show her endeavor's impact extended beyond her employer/clients to the field or national economy, lacking quantitative or qualitative proof of scale.

Transferable lesson

Quantify projected national-level impact (jobs, revenue, dissemination) with concrete evidence rather than relying on personal credentials or generic industry claims.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

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