NIW Bearings
dismissedDEC032024_06B52032024-12-03 · 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 foreign trade specialist, proposed to perform commercial strategic planning and international negotiations/partnerships in the aeronautics purchasing sector, including an 'aerochain optimization initiative' and volunteer strategic-planning work for NGOs.

Field: foreign trade / commercial strategic planning in aeronautics purchasing sector · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Director determined that the Petitioner will be limited to serving the clientele of the company she will be potentially working for and that the evidence in the record did not demonstrate how her proposed endeavor will extend beyond the organization and its clients to impact the industry or field more broadly.
in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."
the Petitioner's documentation does not support her assertions that her proposed endeavor would lead to economic stability or growth or demonstrate that her proposed endeavor would result in national or global implications for the field
the Petitioner does not explain how her proposed endeavor would offer benefits extending beyond her trainees to impact the field of aeronautics more broadly.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the support letter described the Petitioner's skills and experience and relate to the second prong of the Dhanasar framework
    AAO decision text
  • media · discounted
    in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work
    AAO decision text
  • business plan · discounted
    the Petitioner does not explain how her proposed endeavor would offer benefits extending beyond her trainees to impact the field of aeronautics more broadly.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/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 · 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

The Director had found the endeavor's substantial merit and the second Dhanasar prong satisfied, but not national importance; AAO expressly reserved the underlying EB-2 classification issue and prongs 2/3 as unnecessary to the disposition, citing INS v. Bagamasbad and Matter of L-A-C-.

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. 103.3
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles