dismissedDEC012020_01B52032020-12-01 · 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 postsecondary education administrator, proposed to continue working in U.S. higher education administration—overseeing student services, academics, and institutional operations at colleges and universities.

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

EB-2 threshold — addressed

The Director found, and the AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

“the relevant question is not the importance of the industry or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."”

“the record does not show that the Petitioner' s proposed endeavor stands to sufficiently extend beyond her potential employers to impact her field or the U.S. postsecondary education system more broadly”

“the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”

AAO decision text

How the evidence was treated

funding · discounted
“the agreement post-dates the filing of the petition.”
AAO decision text
other · discounted
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her potential employers”
AAO decision text

Where this case turned

Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor

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Notable

The agreement by which the Petitioner would purchase a profit share and membership units was discounted both as post-filing evidence and as unrelated to her proposed administrator role, since it imposed no duties on her. The AAO also emphasized it treated the national-importance failure as an independent and alternate basis for dismissal.

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)
Poursina v. USCIS

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