NIW Bearings
dismissedJAN052024_06B52032024-01-05 · 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 Brazilian IT professional, sought to establish a U.S. company offering IT technical education/training, consulting services, and human-capital profiling, projecting significant employment and revenue growth within five years.

Field: information technology · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding that Petitioner's Brazilian lato sensu certificate is equivalent to a U.S. master's degree, finding no evidentiary support for advanced-degree eligibility; reserved decision on exceptional-ability eligibility.

Prong 1 — national importanceestablished

“The record supports the Director's conclusions that the Petitioner met the first prong of the Dhanasar framework by demonstrating that her proposed endeavor has substantial merit and national importance.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“Thus, the appraisal reports do not demonstrate the current availability of the initial investment funds.”
“her company's formation in March 2023 does not demonstrate her positioning to advance the endeavor at the time of the petition's filing.”
“she has not provided evidence of interest in her venture from customers, investors, or others.”
“Considering the totality of the circumstances, a preponderance of the evidence does not establish that the Petitioner is well positioned to advance her proposed endeavor.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “her company's formation in March 2023 does not demonstrate her positioning to advance the endeavor at the time of the petition's filing.”
    AAO decision text
  • funding · discounted
    “the appraisal reports do not demonstrate the current availability of the initial investment funds.”
    AAO decision text
  • degree · discounted
    “the record lacks evidence that the Petitioner's lato sensu certificate equates to a U.S. master's degree”
    AAO decision text
  • resume experience · credited

Where this case turned

  • Business plan speculative · p2 — projections without a documented basis or steps
  • Funding absent · p2 — no documented funding or resources behind the plan
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
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Notable

AAO corrected the Director's erroneous reliance on the EDGE database, clarifying that a Brazilian lato sensu certificate is a professional development credential, not a degree equivalent to a U.S. master's, and reserved decisions on exceptional-ability eligibility and prong three benefits since prong two was dispositive.

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)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show she was well positioned: no proof of available $180,000 investment funds, no customer/investor interest, and company formed after filing date.

Transferable lesson

Document funding availability, concrete investor/customer interest, and business formation before filing date; academic credentials alone don't establish entrepreneurial positioning.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles

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