NIW Bearings
dismissedFEB222022_02B52032022-02-22 · 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 financial manager, proposed to offer financial consulting and management expertise to U.S. companies to help them grow profitably, including work related to companies doing business in Latin America.

Field: financial management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's employer and clients”
“the record does not establish how many jobs the proposed endeavor would create, the type of jobs the endeavor would create, or the employer(s) for whom the jobs would be created”
“neither article mentions the Petitioner, her endeavor, or how the specific endeavor may have substantial positive economic effects that rise to the level of national importance”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “does not elaborate on how the Petitioner would be a "great asset" or provide any details in order to establish substantial positive economic effects”
    AAO decision text
  • media · discounted
    “neither article mentions the Petitioner, her endeavor, or how the specific endeavor may have substantial positive economic effects”
    AAO decision text
  • other · discounted
    “the letter presents a new set of facts and may not establish eligibility”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable

AAO rejected a post-filing support letter asserting COVID-19-related work as an impermissible new set of facts not established at time of filing, citing Matter of Michelin Tire Corp. and 8 C.F.R. 103.2(b)(1).

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)
  • Matter of L-A-C-

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