NIW Bearings
dismissedDEC102021_01B52032021-12-10 · 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 sought to continue working as a martial arts coach, trainer, and performer, teaching technique and competitive skills to athletes, children, adults, and people with special needs while promoting health through martial arts practice.

Field: martial arts coaching / physical education · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found the Petitioner qualifies as a member of the professions holding an advanced degree based on a bachelor's degree plus five years of progressive post-baccalaureate experience under 8 C.F.R. 204.5(k)(3)(i)(B).

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond and its clientele to impact the or societal health and welfare more broadly at a level commensurate with national importance.
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
he is not mentioned in the article.

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • media · discounted
    he is not mentioned in the article.
    AAO decision text
  • resume experience · credited
  • degree · credited
  • other · discounted
    the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's coaching would reach the level of "substantial positive economic effects"
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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

Heavy OCR redaction obscures the specific martial art discipline discussed throughout, but the reasoning is fully traceable. The AAO expressly distinguished the field-wide importance of martial arts/performing arts events from the Petitioner's own specific, unattributed role in them (noting he was not even mentioned in a promotional article he submitted).

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)
  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles