NIW Bearings
dismissedJUL112024_02B52032024-07-11 · 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 compliance manager, proposed to continue working in financial compliance and anti-money laundering, though her filings shifted between working as a Compliance Manager for U.S. financial institutions and founding/leading her own AML consultancy company as CEO.

Field: financial compliance / anti-money laundering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner has not provided information sufficient to illustrate how she will realize her goal of offering her expertise to companies in the United States
The Director determined that the Petitioner did not establish that the proposed endeavor would have impact beyond a single employer, client, or project
the business plan does not provide sufficient explanation for the basis of these projections
the relevant question is not the importance of the industry, sector, or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these projections
    AAO decision text
  • resume experience · ignored
  • recommendation letter · ignored
  • other · discounted
    the relevant question is not the importance of the industry, sector, or profession in which the individual will work
    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

Petitioner shifted her proposed endeavor between the initial filing (working as a Compliance Manager for U.S. financial institutions) and RFE response (founding/leading an AML consultancy company as CEO); AAO found this shift contributed to the endeavor being insufficiently specific, and cited the requirement that eligibility be established at time of filing under 8 C.F.R. 103.2(b)(12).

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)(12)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles