NIW Bearings
dismissedJAN182024_04B52032024-01-18 · 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 intended to work as an executive assistant for senior partners and CEOs, with a goal of eventually developing into an event management role.

Field: executive assistance / event management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner established she was an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner's transfiguration of their proposed endeavor from the initial petition to the response to the RFE introduced significant ambiguity into their proposed endeavor which prevented analysis into its substantial merit or national importance.
It is not possible to determine the substantial merit and national importance of an endeavor when a Petitioner cannot consistently articulate the nature of the endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    prevented analysis into its substantial merit or national importance
    AAO decision text
  • recommendation letter · discounted
  • motion resubmission · discounted
    reiterates the same evidence already on record and does not specifically address the Director's grounds for denial
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
1,581coded 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

AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting independent de novo analysis. The dispositive issue was that the Petitioner materially changed the description of the proposed endeavor between the initial filing and the RFE response, creating 'dueling proposed endeavors' that the AAO found impossible to evaluate under Dhanasar prong 1, citing Matter of Katigbak's rule that eligibility must be established at time of filing.

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
  • Chen v. INS
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles