NIW Bearings
summary_dismissalAUG312021_01B52032021-08-31 · appeal · Nebraska 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 security management specialist, sought to pursue a business endeavor in the security management field, later submitting a new business proposal after the petition's denial.

Field: security management · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

How the evidence was treated

  • business plan · discounted
    he did not clarify how a document that was created after denial of the petition demonstrates that the eligibility requirements... had been satisfied as of the date this petition was filed
    AAO decision text

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Notable

This appeal was summarily dismissed under 8 C.F.R. 103.3(a)(1)(v) because the Petitioner failed to specifically identify any erroneous conclusion of law or fact in the Director's decision, rather than because the AAO independently re-analyzed the Dhanasar prongs. The Petitioner's vague claim of 'legal errors' and an 'inappropriate burden of proof' was rejected as unelaborated, and a post-denial business proposal was deemed an improper attempt to amend the petition per Matter of Izummi. The AAO expressly limited any future motion to the narrow question of whether it erred in finding the appeal failed to address the Director's Dhanasar analysis.

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)
  • Matter of Izummi
  • Section 291 of the Act

Cases in adjacent profiles