NIW Bearings
dismissedJUL242023_01B52032023-07-24 · combined · 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 owns a U.S. LLC providing online math-tutoring services, individually and in groups, to children ages 3 to 8.

Field: online mathematics tutoring / education · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO's prior decision found the foreign degree not equivalent to a U.S. master's, but on motion to reopen, amended translations and an additional evaluator statement corrected the AAO's misidentification of the diploma addendum, establishing the Petitioner's possession of a diplom spetsialista equating to a U.S. master's degree.

Prong 1 — national importancenot established · dispositive

“The Petitioner has not demonstrated that her specific endeavor would have a broad enough impact to achieve national importance.”
“She has not explained the national implications of her company's projected levels of revenue and workers.”
“when considering national importance, USCIS does not focus on the significance of a petitioner's field, industry, or profession.”
“But her business plan indicates that the company, at least through its initial five years of operation, would tutor only a tiny fraction of U.S. children”
“Also, the Petitioner does not claim that her activities would significantly advance the fields of math or math education.”

AAO decision text

How the evidence was treated

  • degree · credited
  • business plan · discounted
    “She has not explained the national implications of her company's projected levels of revenue and workers.”
    AAO decision text
  • motion resubmission · credited

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • 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 acknowledges its own prior factual error (misidentifying a diploma addendum as the diploma itself) and withdraws its earlier threshold finding on motion to reopen, then reaches a new dispositive national-importance denial on the merits reserved from the prior appeal.

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. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Ho
  • Matter of L-A-C-

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