NIW Bearings
dismissedJUL022024_02B52032024-07-02 · 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 judo coach and Black Belt holder, proposed to run his own martial arts company in Florida providing judo and sports training programs to children and adults, with plans to expand nationally.

Field: martial arts / judo coaching and sports management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not submit a certified translation of his textile engineering diploma, did not show his Black Belt certificate or diploma was equivalent to a U.S. advanced or baccalaureate degree, and did not show a bachelor's degree is the minimum entry requirement for judo coaching/company ownership; AAO withdrew the Director's finding that he qualified as an advanced degree professional and reserved the exceptional-ability alternative as unnecessary.

Prong 1 — national importancenot established · dispositive

does not focus on the importance of issues to the field in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."
has not established that his proposed endeavor would sufficiently extend beyond his clientele to impact his field more broadly.
did not show that such earnings are significantly higher than other companies in his field or would otherwise have a significant positive economic effect.
do not address the national importance of his specific proposed endeavor.
did not show that such earnings are significantly higher than other companies in his field.

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not show that such earnings are significantly higher than other companies in his field or would otherwise have a significant positive economic effect
    AAO decision text
  • contract revenue · discounted
    these latter records are dated in 2023 after the petition was filed in November 2022, they cannot be considered
    AAO decision text
  • recommendation letter · discounted
    do not address the national importance of his specific proposed endeavor
    AAO decision text
  • resume experience · discounted
    does not establish that the impact of his proposed endeavor would extend beyond the individual students his company would serve
    AAO decision text
  • media · discounted
    these reports discuss the role of school-based programs in the health and well-being of children, but they do not mention the Petitioner or address his proposed endeavor
    AAO decision text
All 6 evidence items
  • degree · discounted
    did not submit a certified English translation of the document, as the regulation at 8 C.F.R. 103.2(b)(3) requires
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO withdrew the Director's favorable EB-2 advanced-degree-professional finding (petitioner failed to show degree equivalency or that a bachelor's degree was the minimum entry requirement for his occupation), but reserved the exceptional-ability alternative and proceeded directly to the dispositive Dhanasar prong-one national-importance analysis, ultimately dismissing on that basis without reaching prongs two or three.

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)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles