NIW Bearings
dismissedAUG262024_05B52032024-08-26 · 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 business administrator, proposed to continue working in business administration/management roles, asserting broad benefits to businesses and the U.S. economy.

Field: business administration · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The evidence provided does not demonstrate that this specific endeavor is of national importance.
the brief and the record does not sufficiently explain how her employment as an individual business administrator would impact the overall field more broadly beyond her employer on the level of national importance.
the brief does not supply sufficient explanations to clarify how her skills differ deeply or what solutions she will offer to benefit the community.
this focus is misplaced as is not the importance of the field that determines an endeavor's national importance, but rather how the specific endeavor will impact the field
the Petitioner has not supported her claims with evidence to establish how the economic activity of her proposed endeavor as an individual business administrator would rise to the level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the advisory opinion is of little probative value as Dr. ... evaluation of national importance does not adequately address the requirements of Dhanasar
    AAO decision text
  • resume experience · discounted
    this type of evidence is more appropriate for the second prong when determining if the petitioner is well-positioned to advance the proposed endeavor.
    AAO decision text
  • certification membership · discounted
    the evidence shows that the Petitioner began the position and completed the training after the petition's filing.
    AAO decision text
  • other · discounted
    statements in a brief, motion, or Notice of Appeal are not evidence and thus are not entitled to any evidentiary weight
    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
  • 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

AAO explicitly notes RFE-submitted training certificate and updated employment documentation were dated after filing and thus disregarded under the filing-date eligibility rule (8 C.F.R. 103.2(b)(1),(12)).

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the specific endeavor's impact extends beyond her individual employer(s) to the broader field, region, or national economy, as required for national importance.

Transferable lesson

Define a concrete endeavor and support it with evidence quantifying impact beyond the employer—generic economic-contribution assertions and skill-focused expert letters cannot satisfy prong one.

Endeavor framing

vague

National-importance theory

economic_growth_generic · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles