NIW Bearings
dismissedJUN082021_04B52032021-06-08 · 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 financial manager with 28 years of experience, proposed to work as a Chief Finance Officer or financial manager consulting U.S. companies, particularly in the oil and gas industry, on growth and profitability.

Field: finance / financial management (oil and gas industry) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner qualified as a member of the professions holding an advanced degree based on foreign equivalent degree; exceptional ability determination deemed moot.

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of his providing specific financial management or CFO services rather than the national importance of the positions or the wide range of fields or industries in which he intends to work
he has not offered sufficient, specific information and evidence to demonstrate that the prospective impact of his specific proposed endeavor rises to the level of national importance
the record does not show that the Petitioner's proposed endeavor of serving as a financial manager or CFO stands to sufficiently extend beyond his potential or futuristic employers
the Petitioner has not established that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects

AAO decision text

How the evidence was treated

  • other · discounted
    the record contains evidence regarding general information relating to financial services, international and trade investment, financial planning
    AAO decision text
  • resume experience · discounted
    The Petitioner's experience and abilities in his field relate to the second prong of the Dhanasar framework
    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
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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 explicitly rejected petitioner's argument based on general LinkedIn job vacancy statistics as evidence of national importance, characterizing it as relevant only to job offer availability, not the national interest waiver analysis.

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. 204.5(k)(2)
  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles