NIW Bearings
dismissedAUG022022_01B52032022-08-02 · 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, a supply chain manager, initially proposed to provide supply chain management and logistics consulting services to U.S. companies, including regarding trade with Brazil, but later shifted to describe an endeavor of importing and manufacturing vegan/organic cosmetic products through her own newly formed company.

Field: supply chain management / logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree; only the national interest waiver prong was contested.

Prong 1 — national importancenot established · dispositive

Here, the nature of the Petitioner's proposed endeavor is unclear.
We conclude that her initial filing and the RFE response contained differing jobs 3 and insufficiently detailed statements concerning her proposed future work.
Some of these claimed benefits are employer-specific (such as impact on costs and profit margins); others lack sufficient explanation.
Skills and experience do not take on national importance merely because they are potentially useful to prospective employers.
These assertions are not persuasive because the collective impact of logistics and supply chain management does not impute national importance to the activities of any one particular supply chain manager.
The business plan does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.
she has not offered sufficient information and evidence to demonstrate that the prospective impact of either endeavor rises to the level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    The business plan does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.
    AAO decision text
  • contract revenue · discounted
    it does not demonstrate that the benefits to the regional or national economy resulting from her undertaking would reach the level of substantial positive economic effects
    AAO decision text
  • other · discounted
    General statistics about Brazilian trade do not suffice in this regard, because this information does not establish the impact of the Petitioner's proposed endeavor.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

The AAO emphasized a material-change-of-endeavor problem: the Petitioner's RFE response and appeal described a substantively different endeavor (cosmetic import/manufacturing entrepreneurship) from her initial filing (supply chain manager consulting), and the AAO invoked Izummi/Katigbak to hold that eligibility must be shown as of the filing date and that a petitioner cannot retroactively alter the endeavor. The business plan also contradictorily identified the Petitioner as an 'IT Security and Network expert.'

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. 103.2(b)(1)
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of Izummi
  • Matter of Katigbak
  • Poursina v. USCIS

Cases in adjacent profiles