NIW Bearings
dismissedDEC012022_02B52032022-12-01 · 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.

A tax compliance manager for a large services company proposed to continue her current employment in the United States, overseeing a team, preparing financial reports, and standardizing accounting processes across countries.

Field: tax compliance / accounting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner's licentiate degree in public accounting plus experience letter established advanced degree professional status; Director and AAO agreed.

Prong 1 — national importancenot established · dispositive

“Generalizations about the impact of an entire industry or profession are therefore not relevant to this analysis.”
“The evidence does not show that the Petitioner's work for her current employer would have national or global implications within the field of accountancy”
“neither of these assertions are supported by documentary evidence in the record”

AAO decision text

How the evidence was treated

  • resume experience · credited
  • other · discounted
    “Generalizations about the impact of an entire industry or profession are therefore not relevant to this analysis.”
    AAO decision text
  • other · discounted
    “neither of these assertions are supported by documentary evidence in the record”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact 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

Petitioner argued the Director abused his discretion by denying without first issuing an RFE/NOID; AAO rejected this procedural argument, finding petitioner did not identify what additional evidence could have cured the deficiency. AAO also rejected reliance on a STEM designated degree list webpage, noting accounting was not on that list.

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)
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(2)

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