NIW Bearings
dismissedAUG152024_01B52032024-08-15 · 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, a marketing professional, proposed to work as a marketing manager in the U.S. while also serving as CEO of a Florida company developing a digital investment and property-management platform connecting investors, brokers, and maintenance contractors.

Field: marketing / business development, real estate investment platform · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided a detailed description of her proposed endeavor, such that USCIS can make a meaningful determination of whether the proposed endeavor meets the requirements of the first prong of the Dhanasar framework
Without detailed, consistent information about her specific proposed endeavor, the Petitioner has not established that her proposed work in the United States will have substantial merit and national importance.
the Director noted the varying descriptions of the Petitioner's proposed endeavor as reflected in the submitted evidence

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Director noted the varying descriptions of the Petitioner's proposed endeavor as reflected in the submitted evidence
    AAO decision text
  • recommendation letter · discounted
  • resume experience · ignored
  • other · ignored

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

AAO emphasized that the Petitioner gave inconsistent descriptions of her endeavor across filings (marketing manager role vs. real-estate platform CEO), which alone precluded a meaningful national-importance determination; Petitioner's argument that the Director applied a heightened evidentiary standard was rejected.

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
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles