NIW Bearings
dismissedFEB122024_04B52032024-02-12 · 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 dual-language Spanish educator pursuing a doctorate in education, proposed a multifaceted plan of teaching, consulting, coaching, research, workshops, and content creation to promote and improve bilingual education across the United States.

Field: bilingual/dual language education · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Petitioner qualifies as an EB-2 advanced degree professional as a member of the professions holding a U.S. advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner has not established what prospective impact her endeavor will have that will rise to the level of national importance
the relevant question is not the importance of the industry or profession where the Petitioner will work, but what specific impact will be attributable to that proposed endeavor
the letters state the theoretical merits of the activities described in the professional plan, but provide no specific information about how or where the Petitioner's work will impact her field or what that impact would be
she has not detailed, quantified, or documented where, when or how she will perform the many activities named in her professional plan

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters state the theoretical merits of the activities described in the professional plan, but provide no specific information
    AAO decision text
  • business plan · discounted
    The professional plan and the remainder of the evidence do not specify how the Petitioner will divide her time between their various listed occupations
    AAO decision text
  • resume experience · discounted
    The only evidence provided regarding the Petitioner's potential employment consists of various job and interview offers for positions as a bilingual grade school teacher.
    AAO decision text

Where this case turned

  • 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
1,581coded 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

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
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles