NIW Bearings
dismissedFEB092024_03B52032024-02-09 · 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 specialist in private equity and foreign investment, proposed to raise equity funding for oil and gas exploration and real estate investment projects through companies he co-founded.

Field: international capital markets and private equity financing (oil and gas / real estate investment) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO found the Petitioner eligible for EB-2 classification as an advanced degree professional; no threshold issue was in dispute.

Prong 1 — national importancenot established · dispositive

these broad fields lack the specificity required of a proposed endeavor under Dhanasar
the evidence did not establish that the benefits and impact of the Petitioner's proposed endeavor would extend beyond the contractors and clients served
the record lacks context to show that the scope of this particular project is such that it would impact the oil and gas industry, or the regional or national economy, at a broader level
these do not demonstrate the national importance of his specific endeavor, but instead describe the importance and effect of these overall fields and activities

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record lacks context to show that the scope of this particular project is such that it would impact the oil and gas industry, or the regional or national economy, at a broader level
    AAO decision text
  • recommendation letter · discounted
    the writer's focus on the Petitioner's finance skills is not relevant to our determination under the Dhanasar framework of whether his proposed endeavor is of national importance
    AAO decision text
  • funding · discounted
    the Petitioner has not shown how it supports the national importance of his endeavor
    AAO decision text
  • other · discounted
    data and statistics about the broader oil and gas industry in the United States do not help to establish the national importance of that endeavor
    AAO decision text
  • other · discounted
    these do not demonstrate the national importance of his specific endeavor, but instead describe the importance and effect of these overall fields and activities
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO found the Petitioner impermissibly attempted a material change by shifting his proposed endeavor to a newly formed company and new oil/gas projects created after filing, and declined to consider evidence about those new projects under Matter of Izummi/Katigbak; it also found one project waived on appeal under Matter of O-R-E-/R-A-M- for lack of argument.

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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(12)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-
  • Poursina v. USCIS

Cases in adjacent profiles