NIW Bearings
dismissedAUG192021_01B52032021-08-19 · 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 youth outreach minister, proposed to reorganize and lead youth ministry programs and outreach activities for immigrant and youth communities, aiming to counter radicalization and substance abuse and promote healthy lifestyle choices.

Field: youth ministry / religious and social outreach · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner found to qualify as a member of the professions holding an advanced degree based on foreign equivalent degree; Director had not made a determination and AAO resolved it in her favor.

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of her providing specific youth outreach ministerial services rather than the national importance of youth outreach, youth ministerial services, or other social or religious industries
the evidence does not show that the Petitioner's proposed endeavor of providing youth outreach services stands to sufficiently extend beyond [] to impact the field or the U.S. economy more broadly at a level commensurate with national importance
the Petitioner has not established that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work

AAO decision text

How the evidence was treated

  • other · discounted
    we will not consider this evidence for the first time on appeal as it was not presented before the Director
    AAO decision text
  • recommendation letter · discounted
    we will not consider this evidence for the first time on appeal as it was not presented before the Director
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
  • 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

The Petitioner's proposed endeavor shifted significantly between filing, RFE response, and appeal (from generic youth ministry reorganization to countering Islamic radicalization and opioid abuse among immigrant youth); AAO declined to consider new evidence submitted for first time on appeal under Matter of Soriano/Obaigbena. Only prong 1 was reached; AAO explicitly stated its finding on national importance was an independent and alternate basis for dismissal.

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.

  • INA 203(b)(2)
  • INA 291

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