NIW Bearings
dismissedFEB062024_04B52032024-02-06 · 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 proposed to work in a managerial capacity for a warehouse or plant, overseeing logistics, supply chain, staff management, and quality control inspections.

Field: warehouse/plant management, logistics, quality control · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not demonstrate how her proposed endeavor of working in a managerial capacity for a warehouse, plant, or similar company largely influences the field and rises to the level of national importance.
the record does not show through supporting documentation how her managerial services stands to sufficiently extend beyond her prospective employer, to impact the industry or the U.S. economy more broadly
the Petitioner did not show how her proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
Without credible evidence regarding any projected U.S. economic impact or job creation attributable to her future work

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework
    AAO decision text
  • other · discounted
    the record does not demonstrate any benefits to the U.S. regional or national economy resulting from the Petitioner's managerial work
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

The Petitioner submitted a cover letter in a foreign language without a certified English translation, which the AAO noted violates 8 C.F.R. 102.2(b)(3), though this was not the dispositive issue. The AAO expressly reserved determination on the underlying EB-2 classification and stated each stated reason was 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.

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

Cases in adjacent profiles