NIW Bearings
dismissedFEB032022_01B52032022-02-03 · 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, an architect and professor, proposed to continue architectural design/planning work and to teach architecture and construction drawing techniques (including BIM methodology) in the United States, asserting broad economic benefits to the housing and construction industries.

Field: architecture and civil engineering (with teaching) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."
he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of 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.

AAO decision text

How the evidence was treated

  • other · discounted
    he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance.
    AAO decision text
  • resume experience · discounted
    The Petitioner's skills and knowledge in his field relate to the second prong of the Dhanasar framework... The issue here is whether the specific endeavor... has national importance under Dhanasar's first prong.
    AAO decision text

Where this case turned

  • 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
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Notable

The AAO explicitly distinguishes between the importance of the petitioner's field/profession and the importance of his specific proposed endeavor, treating his 30 years of experience and expertise as relevant only to prong 2 rather than to national importance under prong 1. The decision expressly notes each reason given is an independent and alternate basis for dismissal.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles