NIW Bearings
dismissedJUN072024_04B52032024-06-07 · 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 business manager with experience in finance and human resources, proposed to provide specialized administrative, financial, and HR services to help small and medium-sized U.S. businesses improve operations, profitability, and job creation.

Field: business management/finance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we conclude that the Petitioner has not shown her proposed endeavor stands to sufficiently extend beyond her employers to enhance societal welfare on a broader scale indicative of national importance.
the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance.
While her endeavor may directly impact her employers and prospective clients, the evidence does not suggest how these benefits would reach the finance industry overall
It is important to note that the shortage of business managers and business professionals does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework.
the relevant question is not the importance of the industry or profession in which the individual will work.
The Petitioner's claimed extensive experiences are material to Dhanasar's second prong...but they are immaterial to the first Dhanasar prong

AAO decision text

How the evidence was treated

  • resume experience · discounted
    material to Dhanasar's second prong...but they are immaterial to the first Dhanasar prong
    AAO decision text
  • business plan · discounted
    It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims.
    AAO decision text
  • recommendation letter · discounted
  • contract revenue · discounted

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO expressly declined to reach prongs 2 and 3, resting dismissal solely on prong 1's national importance failure; the letter of intent from a Massachusetts company was noted but not enough to establish broader impact.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles