NIW Bearings
dismissedJUL172023_02B52032023-07-17 · 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 investment associate, proposed to work in the U.S. providing consulting services to structure, manage, and deploy capital for clean energy investments, including pricing community solar assets and negotiating with U.S.-based solar developers.

Field: clean energy investment consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as advanced degree professional based on master's degree in international affairs; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“the record does not show through supporting documentation how her proposed endeavor to provide clean energy investment consulting services stands to sufficiently extend beyond its prospective clients”
“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation directly attributable to her future work”
“the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
  • other · discounted
    “the record does not show through supporting documentation how her proposed endeavor to provide clean energy investment consulting services stands to sufficiently extend beyond its prospective clients”
    AAO decision text
  • resume experience · ignored
    “the Petitioner's experience, skills, expertise, and abilities relate to the second prong of the Dhanasar framework”
    AAO decision text

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
2,589coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →

Notable

AAO noted the Director's decision did not explicitly address EB-2 threshold eligibility in the denial itself, but had done so in the RFE; AAO treated this as conceded/established. The professor opinion letter and articles were credited as showing substantial merit but not national importance.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles