NIW Bearings
dismissedJUN042024_03B52032024-06-04 · 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 economic development professional, proposed to develop international expansion strategies for U.S. small- and medium-sized enterprises to strengthen business relationships with Latin America and enhance U.S. economic competitiveness, including plans to open his own consulting firm.

Field: international economic development / commerce with Latin America · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional based on his foreign equivalent master's degree in development management, and AAO agreed; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner did not clearly define his proposed endeavor in the initial filing.
the relevant question is not the importance of the field, industry, or profession in which the individual will work, but rather the specific endeavor that the individual proposes to undertake
This evidence relates only to the field of international trade in general and not the Petitioner's specific proposed endeavor.
the record does not contain sufficient evidence to establish that the impact of his proposed endeavor has the potential rise to the level of national importance

AAO decision text

How the evidence was treated

  • degree · credited
  • other · discounted
    This evidence relates only to the field of international trade in general and not the Petitioner's specific proposed endeavor.
    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
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Notable

Petitioner argued the Director failed to consider all record evidence, citing a non-binding district court decision (Buletini v. INS); AAO rejected this, noting district court reasoning is not binding precedent and citing multiple circuit decisions holding agencies need not address every piece of evidence. AAO declined to reach the second and third Dhanasar prongs, having already found the first prong dispositive.

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
  • Buletini v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles