NIW Bearings
dismissedAUG262024_15B52032024-08-26 · 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, an attorney with a U.S. master's degree, proposed to operate a consulting business in Florida advising immigrants on redirecting remittances toward U.S. investments and improving their financial literacy, eventually hiring up to 12 employees by year five.

Field: financial literacy / investment consulting for immigrant remittance mitigation · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew the Director's finding; Petitioner's foreign law degree and U.S. master's degree established he is a member of the professions holding an advanced degree, and his background was related to the proposed endeavor.

Prong 1 — national importancenot established · dispositive

he did not demonstrate how any assistance he would provide to his potential clients would rise to the level of national importance contemplated in Dhanasar
this evidence relies on the cumulative economic benefits of mitigating remittances, rather than "substantial positive economic effects" directly resulting from his specific endeavor
he has not provided information relating to the nature of the employment, including the prospective duties of these positions, whether these employees will be full-time or part-time, or the salaries of these positions
activities which may only benefit the Petitioner's clients would not have broader implications in the field

AAO decision text

How the evidence was treated

  • degree · credited
  • business plan · discounted
    he has not provided information relating to the nature of the employment...or explained how it will impact the area of intended operations
    AAO decision text
  • other · discounted
    the Petitioner does not explain how these articles establish the national importance of his specific endeavor
    AAO decision text
  • resume experience · discounted
    a petitioner's expertise and record of success are considerations under Dhanasar's second prong, which shifts the focus from the proposed endeavor to the foreign national
    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
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Notable

AAO withdrew the Director's threshold denial (advanced degree professional finding reversed in Petitioner's favor) but still dismissed the appeal on Dhanasar prong 1, declining to reach prongs 2 and 3; Petitioner's reliance on Buletini v. INS to argue for holistic evidence review was rejected as not requiring individualized analysis of each evidentiary item.

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)
  • Buletini v. INS
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles