NIW Bearings
dismissedAUG302021_01B52032021-08-30 · 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 information systems manager, proposed to provide IT consulting and business-intelligence services to U.S. companies, and eventually open her own consulting firm.

Field: information technology / information systems management · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner had not shown that her proposed work as an information systems manager would impact the information technology field more broadly than a single employer, client, or project
she has not shown that her proposed IT consulting activity stands to provide substantial economic benefits in the United States
Assertions made without supporting documentation are of limited probative value and do not carry the weight to satisfy the Petitioner's burden of proof
she has not demonstrated that the specific work she proposes to undertake has broader implications on a national or global level

AAO decision text

How the evidence was treated

  • business plan · discounted
    she has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance
    AAO decision text
  • media · discounted
    she has not demonstrated that the specific work she proposes to undertake has broader implications on a national or global level
    AAO decision text
  • resume experience · discounted
    she has not shown that her proposed IT consulting activity stands to provide substantial economic benefits in the United States
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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 that findings on the first prong alone are dispositive and treats them as an independent and alternate basis for dismissal; footnote clarifies Dhanasar vacated the prior NYSDOT framework, though this case is decided entirely under Dhanasar.

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)
  • Poursina v. USCIS

Cases in adjacent profiles