NIW Bearings
dismissedJUL302024_03B52032024-07-30 · combined · 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 sought to work in the United States as a human resources and marketing communications specialist, seeking an EB-2 national interest waiver based on exceptional ability.

Field: human resources and marketing communications · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

she did not offer sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rose to the level of national importance
the Petitioner has not shown that her proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the United States
we acknowledged that the field of human resources is important, as conveyed by the probative research

AAO decision text

Prong 2 — well positionednot established

she did not establish that she was well-positioned to advance the proposed endeavor

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    We have already thoroughly considered this evidence in our prior decision.
    AAO decision text
  • business plan · discounted
    the Petitioner does not provide any new, probative fact to establish that we erred in dismissing the appeal
    AAO decision text
  • recommendation letter · discounted
    we have already thoroughly considered this evidence in our prior decision
    AAO decision text
  • other · discounted
    we acknowledged that the field of human resources is important, as conveyed by the probative research
    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
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

The Petitioner argued the AAO erred by not following Dhanasar as binding precedent under Matter of E-L-H-; the AAO distinguished the case on its facts, finding the petitioner's evidence (expert letters, business plan, letters of intent) analogous in type but not in substance to that in Dhanasar, and reiterated that it need not detail every piece of evidence considered, citing Medtronic v. Daig for the presumption that adjudicators review all evidence.

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)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho

Cases in adjacent profiles