dismissedJAN312020_01B52032020-01-31 · 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 historical architect, proposed to continue work as a historical consultant on building remodeling and preservation, advising on cultural elements for community centers and assisting with documentation/preservation of historic school buildings.
Field: historical architecture / historic preservation · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her clientele to impact her field or U.S. cultural interests more broadly at a level commensurate with national importance.”
“the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”
“In determining national importance, the relevant question is not the importance of the industry, field, or profession in which the individual will work”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance”
AAO decision text - other · credited
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO credited the petitioner's specific projects as having 'substantial merit' but found national importance lacking, distinguishing between field importance and the specific endeavor; cites Dhanasar's own teaching-activity example as analogous.
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.
- INA 203(b)(2)
- Poursina v. USCIS
- Section 291 of the Act
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