NIW Bearings
dismissedAUG132024_09B52032024-08-13 · appeal · Nebraska 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 sought to work as a biochemist/environmental specialist and, later, to operate a self-funded environmental consulting company providing program development, audits, risk analysis, and regulatory compliance training to clients nationwide.

Field: environmental consulting / environmental biology and chemistry · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director initially found advanced degree not established due to lack of certified translation; on appeal Petitioner submitted certified translation and academic record, resolving the issue in her favor.

Prong 2 — well positionednot established · dispositive

“the Petitioner has not established she has skills, knowledge, or a record of success associated with environmental consulting services, developing environmental programs and project planning, conducting audits and risk analysis, training staff in environmental practices, or compliance with U.S. environmental rules and regulations”
“Letters of recommendation submitted on behalf of the Petitioner similarly do not specifically address how her education and experience relate to her proposed endeavor”
“the Petitioner has not submitted evidence of progress towards achieving that endeavor”
“she has not provided any financial documents showing she possesses the funds she proposes to invest”
“she has not provided sufficient evidence demonstrating the interest of potential customers, users, investors, or other relevant entities or individuals”
“despite her education, fluency in multiple languages, and having a business plan for her proposed endeavor, without sufficient evidence of related skills, knowledge, or a record of success”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “she has not submitted evidence of progress towards achieving that endeavor”
    AAO decision text
  • recommendation letter · discounted
    “do not specifically address how her education and experience relate to her proposed endeavor”
    AAO decision text
  • degree · credited
  • resume experience · discounted
    “do not specifically relate to environmental services, nor, in particular, U.S. environmental rules and regulations”
    AAO decision text
  • funding · discounted
    “she has not provided any financial documents showing she possesses the funds she proposes to invest”
    AAO decision text

Where this case turned

  • Business plan speculative · p2 — projections without a documented basis or steps
  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Funding absent · p2 — no documented funding or resources behind the plan
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

Petitioner overcame the threshold advanced-degree denial on appeal by submitting a certified translation, but the appeal was dismissed solely on prong two grounds; AAO expressly declined to reach prong three, reserving those arguments as unnecessary to the outcome.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

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