NIW Bearings
dismissedDEC102024_03B52032024-12-10 · 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, a facilities manager, proposed to elevate her career in facilities and project management, either working for U.S. organizations or as an independent consultant, asserting benefits to workplace safety, employee well-being, job creation, and tax revenue.

Field: facilities and project management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.
The Petitioner has not sufficiently described their proposed endeavor beyond the sphere of individuals or entities seeking out their services.
the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her future customers and employer(s) to impact her field
the letters of recommendation do not offer persuasive detail concerning the impact of her proposed endeavor and how it would extend beyond her employer(s) and clients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters are not material, relevant, or probative to an evaluation of the Petitioner's eligibility under the first prong of Dhanasar
    AAO decision text
  • other · discounted
    does not address the Petitioner's professional plans, the specific proposed endeavor described therein, its prospective substantial economic impact
    AAO decision text
  • resume experience · discounted
    primarily highlight her academic credentials and years of professional work experience...are considerations under Dhanasar's second prong
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • 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

Petitioner argued the Director applied a stricter-than-preponderance standard by not discussing every piece of evidence, citing Buletini v. INS; AAO distinguished Buletini, holding it does not require discussion of each piece of evidence. Expert opinion letter from an associate professor of marketing was discounted for not addressing the specific proposed endeavor.

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
  • Buletini v. INS
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

Cases in adjacent profiles