NIW Bearings
dismissedFEB082024_11B52032024-02-08 · 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 agronomist engineer, intended to provide specialized services to multiple agribusiness companies, farms, and food industries in the U.S., focusing on operational turnaround, productivity optimization, and strategic planning to impact the agricultural field.

Field: agronomist engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, Petitioner qualifies as an advanced degree professional via bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

the record lacks specific projects and goals sufficient to demonstrate the national importance of his proposed endeavor
the evidence does not show that the [Petitioner's] proposed endeavor as a [sic] Agronomist Engineer stand [sic] to sufficiently extend beyond his future employer, its clientele, and its community
The Petitioner has not provided corroborating evidence, aside from claims in his statements that his proposed endeavor has the potential to provide significant economic, environmental, and societal benefits
Stating that his work experience would benefit an important industry is not sufficient to meet the "national importance" requirement under the Dhanasar framework.
both opinions focus on the need for qualified professionals in the agricultural industry and how the Petitioner's professional experience makes him well positioned to help companies, instead of focusing on the Petitioner's specific endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    focus on the need for qualified professionals in the agricultural industry ... instead of focusing on the Petitioner's specific endeavor
    AAO decision text
  • resume experience · discounted
    His academic credentials, professional experience, and achievements relate to the second prong of the Dhanasar framework
    AAO decision text
  • degree · credited
  • other · discounted
    The Petitioner did not provide an explanation for these documents, except noting they are job opportunities.
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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 proposed to work simultaneously with multiple businesses rather than a single employer; AAO nonetheless found his description too generic/duty-based (mirroring normal occupational duties) rather than a specific endeavor, and treated job-offer letters submitted in RFE response as unexplained/irrelevant. AAO expressly declined to reach prongs 2 and 3 despite Director having ruled on prong 3.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles