NIW Bearings
dismissedJAN212025_08B52032025-01-21 · combined · 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 financial manager, sought to operate her own business providing financial/consulting services to clients, without evidence that the endeavor's benefits would extend beyond her business and its clients.

Field: financial management/business · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed Petitioner qualifies for EB-2 as a member of the professions holding an advanced degree, based on a bachelor's degree plus more than five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the Petitioner did not provide evidence that demonstrated that her proposed endeavor extends beyond her business and her future clients to impact the field, any other industries, or the U.S. economy more broadly at a level commensurate with national importance.
she did not provide evidence specific to her endeavor to demonstrate that it would have a "potential prospective impact" sufficient to establish national importance.
this is a general press release, which does not address the specifics of the Petitioner's proposed endeavor.

AAO decision text

How the evidence was treated

  • media · discounted
    this is a general press release, which does not address the specifics of the Petitioner's proposed endeavor.
    AAO decision text
  • motion resubmission · discounted
    the Petitioner's legal brief lists three articles submitted with the motion, but the brief provides no analysis of how these articles provide new facts
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
2,501coded 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AAO expressly clarifies it did not rely on the superseded NYSDOT geographic-breadth standard and that Dhanasar abrogated that requirement; it also confirms the Petitioner met the underlying EB-2 advanced-degree classification even though the waiver was denied on prong 1 alone, with prongs 2 and 3 expressly reserved under Bagamasbad/L-A-C- reasoning.

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. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of L-A-C-

Cases in adjacent profiles