NIW Bearings
dismissedDEC092021_03B52032021-12-09 · 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, formerly an administrative/financial manager for a nonprofit healthcare organization in Brazil, proposed to work as an independent administrative and financial management consultant for U.S. nonprofit healthcare organizations, developing financial tools and training other professionals.

Field: administrative and financial management (nonprofit healthcare) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found the submitted credential evaluation insufficient to establish degree equivalency but used the AACRAO EDGE database to conclude the Petitioner's foreign degree equates to a U.S. bachelor's degree, and an employer letter established five years of progressive experience, so he qualified as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

In his initial filing, he offered few specifics about his proposed endeavor
As the record currently stands, these projections appear to be little more than conjecture.
we conclude that generalized conclusory statements that do not identify a specific impact in the field have little probative value.
in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work.
while the proposed endeavor may impact the specific organizations that employ the Petitioner's services and the clients that they serve, this does not establish that the proposed endeavor is nationally important
the Petitioner must establish that his specific proposed endeavor within the field is nationally important.

AAO decision text

How the evidence was treated

  • degree · discounted
    we conclude that this evaluation is of little probative value in this matter.
    AAO decision text
  • resume experience · credited
  • recommendation letter · discounted
    generalized conclusory statements that do not identify a specific impact in the field have little probative value.
    AAO decision text
  • business plan · discounted
    these projections appear to be little more than conjecture.
    AAO decision text
  • media · discounted
    the Petitioner has not sufficiently connected this organization's success or his performance in his previous job to the national importance of the proposed endeavor.
    AAO decision text
All 6 evidence items
  • other · discounted
    the conclusions provided in the report offer little meaningful information about the actual impact of the Petitioner's proposed endeavor.
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO used the AACRAO EDGE database sua sponte to establish U.S. degree equivalency after finding the Petitioner's submitted credential evaluation insufficient, ultimately finding the threshold advanced-degree requirement met despite the deficient evaluation.

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.

  • Matter of L-A-C-
  • Matter of V-K-
  • Poursina v. USCIS

Cases in adjacent profiles