NIW Bearings
dismissedFEB272024_06B52032024-02-27 · 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 psychologist, proposed to form a multidisciplinary team of psychologists, doctors, social workers, lawyers, and educators to provide re-socialization, education, medical, psychological, and legal support to vulnerable homeless youth and young adults aged 15-25 in the United States.

Field: psychology / social work (youth homelessness services) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

merely working in an important field is insufficient to establish the national importance of the proposed endeavor.
the record does not support the Petitioner's company or team would operate on such a large scale
did not address the endeavor's specific impact or special methodologies attributable to the Petitioner to solve the youth homelessness
the record does not provide detailed plans for operating her company, i.e., a business plan, or its specific impact

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    did not address the endeavor's specific impact or special methodologies attributable to the Petitioner to solve the youth homelessness
    AAO decision text
  • other · discounted
    these two letters alone do not corroborate the specific nature or numerosity of projects
    AAO decision text
  • business plan · discounted
    the record does not provide detailed plans for operating her company, i.e., a business plan, or its specific impact
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
1,312coded 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

Notable

The AAO expressly disagreed with the Director's finding that the Petitioner's RFE response materially changed her endeavor, withdrawing that portion of the decision, but still dismissed the appeal on national importance grounds; the AAO also rejected the Petitioner's 'abuse of discretion' argument regarding the Director's evidentiary weighing, clarifying that preponderance review considers both quantity and quality of evidence.

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
  • Flores v. Garland
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles