NIW Bearings
dismissedAUG132024_11B52032024-08-13 · 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 nurse-turned-entrepreneur, proposed to run a consulting firm offering medical device sales, marketing, training, and export-assistance services, including helping manufacturers expand into markets like Brazil.

Field: medical sales and marketing consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the proposed endeavor did not stand to sufficiently extend beyond the Petitioner's prospective clients, associates and partners such that it would have a national impact
The Petitioner's economic arguments, namely that her work will reduce healthcare costs and increase productivity, are not accompanied by evidence of the particularized economic impact that her endeavor would produce.
she has not demonstrated that her work has implications within her field as contemplated in Dhanasar
Beyond generally asserting the economic benefits of marketing and entrepreneurship on the macroeconomic scale and asserting that her endeavor would have undefined "ripple effects" upon the economy

AAO decision text

How the evidence was treated

  • business plan · discounted
    she has not demonstrated how these impacts are nationally important
    AAO decision text
  • resume experience · discounted
    relate to the second prong of the Dhanasar framework
    AAO decision text
  • recommendation letter · discounted
  • degree · credited
  • other · discounted
    not accompanied by evidence of the particularized economic impact that her endeavor would produce
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner argued the Director applied a heightened evidentiary standard beyond the regulations; AAO rejected this claim for lack of specificity as to what the extra requirements were.

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
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed prong one: the endeavor's benefits were confined to her own clients/partners and lacked evidence of broader field, economic, or national-scale impact.

Transferable lesson

Support national importance claims with concrete, quantifiable evidence of broad-scale impact (industry, region, or national economy), not generalized entrepreneurship rhetoric or personal credentials.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles