NIW Bearings
remandedJAN232024_01B52032024-01-23 · 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, an auditor and international tax consultant with about 17 years of experience and his own Brazilian accounting firm, proposed to expand his business to the United States to provide accounting, tax, advisory, and auditing services, including specialized services for U.S. companies operating in Brazil.

Field: accounting, tax, and auditing / financial services · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director had already determined Petitioner qualified as an advanced degree professional based on bachelor's equivalent plus five years progressive experience; AAO noted Director's decision erroneously referenced exceptional ability but this did not affect the threshold finding.

How the evidence was treated

  • resume experience · credited
  • recommendation letter · credited
  • business plan · credited
  • other · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO found the Director's denial itself deficient: the Director incorrectly stated Petitioner claimed exceptional ability (rather than advanced degree), and made a conclusory finding that no endeavor was described despite two personal statements, an expert letter, and business documentation. AAO withdrew the denial and remanded for the Director to actually apply the Dhanasar framework, without reaching any of the three prongs itself.

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
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

The Director's conclusory, unsupported finding that no proposed endeavor was described (despite two personal statements, an expert letter, and business documentation) invalidated the entire Dhanasar analysis, requiring remand.

Transferable lesson

Ensure the petitioner's own personal statement, not just counsel's brief, clearly and specifically articulates the proposed endeavor to avoid a threshold 'no endeavor' denial.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · us_competitiveness · geographic_or_shortage_area

Evidence targeting

mixed

Cases in adjacent profiles