NIW Bearings
dismissedAUG262024_08B52032024-08-26 · 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 intended to continue working as an international financial specialist, providing foreign exchange operations, currency risk management, and fraud prevention services to clients and employers.

Field: international finance / foreign exchange operations · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

the record contained insufficient evidence to demonstrate that the prospective impact of his endeavor rises to the level of national importance
The Director found that the evidence did not demonstrate the benefit of the Petitioner's endeavor would extend beyond potential clients, employers or business partners
a shortage in a particular field does not render the proposed endeavor nationally important under the Dhanasar framework
Although the Petitioner discusses the value and importance of international financial services, foreign exchange operations, and fraud prevention and their impact on the U.S. economy, Dhanasar requires us to focus on the "the specific endeavor that the foreign national proposes to undertake," not the importance of the field
The record in its totality does not show through supporting documentation how the Petitioner's specific services stand to sufficiently extend beyond his prospective employers or clients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the record did not contain independent and objective evidence demonstrating the Petitioner's work has potential implications that are of national importance
    AAO decision text
  • resume experience · discounted
    the Petitioner's skills, expertise, and abilities relate to the second prong of the Dhanasar framework
    AAO decision text
  • media · ignored

Where this case turned

  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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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.

  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles