NIW Bearings
dismissedJUL012021_03B52032021-07-01 · 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, a financial manager, proposed to continue working as a financial manager advising U.S. companies on financial planning and investing; in RFE response he added a plan to open a cryptocurrency asset management company.

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

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer(s) and clients to impact the industry more broadly
Without evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work

AAO decision text

How the evidence was treated

  • business plan · discounted
    A petition cannot be approved at a future date after the petitioner becomes eligible under a new set of facts.
    AAO decision text
  • resume experience · discounted
    the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong
    AAO decision text
  • citations publications · discounted
    we look to evidence documenting the potential prospective impact of his work, not the importance or economic benefits of his industry.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO limited its national-importance analysis to the endeavor described in the initial petition (financial manager) because the Petitioner added a new cryptocurrency asset-management endeavor only in RFE response, invoking Katigbak/Izummi/Bardouille bar on post-filing eligibility. AAO also noted a clerical error in the Director's decision misidentifying the Petitioner's field as 'law enforcement and criminal justice' but found it immaterial.

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)(8)
  • Chen v. INS
  • Matter of Bardouille
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles