NIW Bearings
dismissedFEB292024_05B52032024-02-29 · 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 psychologist, sought an NIW but did not describe a specific proposed endeavor, instead relying on general 'governmental evidence' about the psychology profession's importance and on prior work-experience letters.

Field: psychology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Director was correct that the "governmental evidence" the Petitioner submitted did not address their specific endeavor's national importance.
The Petitioner's statements contain broad assertions like the Petitioner is a "qualified professional,"

AAO decision text

Prong 2 — well positionednot established · dispositive

simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance their proposed endeavor.
the recommendation and work experience letters the Petitioner submitted are not material, relevant, or probative evidence in the record of interest or support
the record does not reflect any progress to achieving the proposed endeavor in a manner sufficient for us to evaluate

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not analyze the proposed endeavor or offer evidence of its impact
    AAO decision text
  • resume experience · discounted
    only speak of the Petitioner's competent execution of past job duties
    AAO decision text
  • other · discounted
    does not reference the Petitioner's specific proposed endeavor
    AAO decision text
  • degree · discounted
    simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance
    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 not independent · p2letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO expressly withdrew the Director's favorable finding on prong 2, reversing a determination that had favored the Petitioner, and extensively defended the practice of adopting/affirming the Director's reasoning against a Buletini-based abuse-of-discretion argument, citing multiple circuit court authorities.

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
  • Buletini v. INS
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of Y-B-

Cases in adjacent profiles