NIW Bearings
dismissedFEB252020_02B52032020-02-25 · 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 healthcare and life sciences management specialist, proposed to help life sciences companies commercialize inventions, bring innovative technologies to the U.S. market, and provide consulting and technology transfer services in the healthcare/life sciences industries.

Field: healthcare and life sciences management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“be limited to his employer(s) and their clients, or to his clients”
“not shown to impact the Petitioner's listed fields more broadly”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and its clientele and stakeholders”
“the record does not include evidence of the Petitioner's upcoming projects in the United States, or other information about the specific entrepreneurial work”
“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work”

AAO decision text

How the evidence was treated

  • other · discounted
    “the issue here is not the broader implications of the Petitioner's employers or clients' product development work”
    AAO decision text
  • resume experience · discounted
    “does not include evidence of the Petitioner's upcoming projects in the United States”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO expressly credited the endeavor with 'substantial merit' but found national importance lacking, illustrating the split analysis within prong 1 itself; also notes each stated reason is an independent alternate basis for dismissal even though only prong 1 was substantively reached.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles