NIW Bearings
dismissedAUG262020_02B52032020-08-26 · 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 financial manager, planned to work as a financial manager for U.S. companies and foreign investors, consulting Brazilian and Latin American clients on U.S. investments while also running her own property management company.

Field: financial management / real estate investment consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and clientele to impact the financial services industry, real estate market, or U.S. economy more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation
the relevant question is not the importance of the industry or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake"
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

  • recommendation letter · discounted
    it is not necessary for her to have a job offer from a specific employer
    AAO decision text
  • other · discounted
    the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's financial projects would reach the level of "substantial positive economic effects"
    AAO decision text

Where this case turned

  • 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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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.

  • Poursina v. USCIS

Cases in adjacent profiles