NIW Bearings
dismissedAUG092021_02B52032021-08-09 · 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 education specialist with a PhD, initially proposed to work as an innovative expert focused on the professionalization of teachers in the United States, later attempting to change this to a character-education program for Asian American immigrants.

Field: education (moral/character education, teacher professionalization) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The AAO found the record reflects the Petitioner qualifies as a member of the professions holding an advanced degree; this was not contested.

Prong 1 — national importancenot established · dispositive

the Petitioner did not provide sufficient information and details to reflect a specific proposed endeavor as contemplated in Dhanasar
the Petitioner made broad arguments regarding the overall importance of education and the education system of the United States but did not explain the potential impact or influence her endeavor of professionalizing teachers would have on education in the United States
Here, the Petitioner materially changed her proposed endeavor from professionalizing teachers to character education for Asian Americans
the Petitioner did not show how the articles relate to her proposed endeavor of professionalizing teachers

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the record does not demonstrate that she has ever worked for the [] Church as a specialized researcher
    AAO decision text
  • media · discounted
    the Petitioner did not show how the articles relate to her proposed endeavor of professionalizing teachers
    AAO decision text
  • recommendation letter · discounted
    the Petitioner did not support her assertions with independent, objective evidence
    AAO decision text
  • citations publications · discounted
    she is listed as one of 2 researchers when the original [] version shows she was one of 2 research assistants
    AAO decision text
  • certification membership · discounted
    [t]he COCs indicate the petitioner did not conduct research and did not work 40 hours per week
    AAO decision text

Where this case turned

  • 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
  • Material change of endeavor · p1the endeavor described on appeal is not the one filed
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Notable

This is a revocation-on-appeal case with two independent, alternate bases for dismissal: failure to meet Dhanasar prong 1 and a separate finding of willful material misrepresentation regarding the Petitioner's professional/research experience (translation discrepancies in published articles, unverifiable church research employment, and unlisted lecturing positions on ETA 750 Part B). The AAO also refused to consider the Petitioner's materially changed proposed endeavor (shifted from teacher professionalization to Asian-American character education) under Matter of Izummi/Bardouille, adjudicating solely on the originally filed 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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(3)
  • Matter of Bardouille
  • Matter of Ho
  • Matter of Izummi
  • Poursina v. USCIS

Cases in adjacent profiles