NIW Bearings
dismissedFEB142024_02B52032024-02-14 · appeal · Nebraska 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 former Georgian English teacher, planned to found a U.S. organization offering English classes and vocational training (e.g., bookkeeping, restaurant, home care) to help newcomers assimilate, serving as its education and civic engagement director.

Field: English language education / immigrant assimilation and vocational training · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed she qualified as an advanced degree professional based on a bachelor's-equivalent degree plus five years of progressive teaching experience.

Prong 1 — national importancenot established · dispositive

The Director found insufficient evidence that the venture would impact more than the Petitioner's organization, its employees, and its clients.
neither the plan nor its addendum indicates that the endeavor would affect the economy on a national level
she does not describe the approaches or explain their innovations
the addendum to the Petitioner's business plan does not explain the calculations of the business's revenue, profit, and personnel forecasts

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not explain the calculations of the business's revenue, profit, and personnel forecasts
    AAO decision text
  • recommendation letter · discounted
    Despite evidence of investors and trainers, the Petitioner has not sufficiently demonstrated that her particular endeavor would have enough scope
    AAO decision text
  • degree · credited
  • resume experience · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO expressly analogized the case to Dhanasar's own hypothetical STEM-teaching petitioner, noting that endeavor there was found meritorious but lacking demonstrated broader field-wide impact, the same reasoning applied here to deny national importance.

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. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles