NIW Bearings
dismissedDEC172024_01B52032024-12-17 · 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 general manager in the hospitality/tourism industry, proposed to plan, direct, and coordinate hotel and tourism operations while promoting diversity and inclusion by training and employing apprentices, people with disabilities, and the elderly.

Field: hospitality/tourism management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“we conclude that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar analytical framework”
“the relevant question is not the importance of the industry, field, or profession in which an individual will work; instead, to assess national importance, we focus on the "specific endeavor"”
“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 shown that his proposed endeavor stands to sufficiently extend beyond his future employer and its clientele to impact his fields”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.”
    AAO decision text
  • other · discounted
    “the record does not include sufficient evidence establishing that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers”
    AAO decision text
  • resume experience · ignored

Where this case turned

  • Economic claims unsupported · p1 — job/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 · p1 — argues the field matters, not the specific endeavor
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Notable

The Director had noted the Petitioner's own statement that 'it does not matter if I start again in the USA at the hotel reception desk,' undercutting his claims of workforce-strengthening impact, though the AAO's dispositive analysis rested on lack of evidence of broader economic impact rather than this specific admission.

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.

  • Flores v. Garland
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles