NIW Bearings
dismissedAUG182023_03B52032023-08-18 · 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 supply chain manager who founded his own subcontracting company for cell tower equipment maintenance and installation, proposed to continue supply chain management work and expand his company's tower construction and equipment supply business in the United States.

Field: supply chain management / cell tower maintenance and construction · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to show a qualifying advanced degree because employer letters did not specify dates of employment needed to establish five years of progressive post-baccalaureate experience; also failed to contest on appeal the Director's finding that he did not meet exceptional-ability criteria (met only one of three required categories).

Prong 1 — national importancenot established · dispositive

we conclude that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar analytical framework.
he did not elaborate on these projections or provide evidence supporting the need for these additional employees.
he did not adequately explain how these earnings forecasts were calculated.
we are not persuaded by the claim that his proposed endeavor has national importance due to the shortage of professionals in his industry.
shortages of qualified workers are directly addressed by the U.S . Department of Labor through the labor certification process.
we conclude the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact the telecommunications industry, the supply management field, or the U.S . economy more broadly at a level commensurate with national importance.
he has not offered sufficient evidence that the area where his company will operate is economically depressed, that he would employ a significant population of workers in that area

AAO decision text

How the evidence was treated

  • resume experience · discounted
    does not specify the dates of the Petitioner's employment
    AAO decision text
  • recommendation letter · discounted
    The aforementioned letters do not contain sufficient information and explanation... to show that the Petitioner's specific proposed work... offers broader implications
    AAO decision text
  • business plan · discounted
    he did not elaborate on these projections or provide evidence supporting the need for these additional employees
    AAO decision text
  • degree · credited
  • other · discounted
    we are not persuaded by the claim that his proposed endeavor has national importance due to the shortage of professionals in his industry
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO expressly declines to reach prongs 2 and 3 as unnecessary once prong 1 is found dispositive, and separately affirms the threshold advanced-degree/exceptional-ability denial as an independent alternate basis for dismissal; also treats petitioner's abandonment of the exceptional-ability issue on appeal as conceding that point.

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. 204.5(k)(2)
  • Chen v. INS
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles