NIW Bearings
dismissedJUN092021_03B52032021-06-09 · appeal · 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 Beneficiary worked as a group facilitator and case manager for a mental health organization, providing counseling and case management services to individual clients and their families dealing with substance use disorders.

Field: mental health / substance abuse counseling · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualified as a member of the professions holding an advanced degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the benefit [provided by the Beneficiary as a group facilitator and case manager] to each individual client/member [of the petitioning mental health organization] does not represent a broad enhancement to societal welfare based on the evidence submitted.
the record does not establish whether, beyond the benefits provided to the clients and their family members, the Beneficiary's proposed endeavor stands to have broader implications rising to the level of having national importance
The research project proposal submitted for the first time on appeal, dated after the petition filing date, presents a set of facts that did not exist at the time of filing and, therefore, may not establish eligibility.

AAO decision text

How the evidence was treated

  • other · discounted
    the record does not establish whether... the Beneficiary's proposed endeavor stands to have broader implications rising to the level of having national importance
    AAO decision text
  • other · discounted
    do not establish whether the Beneficiary's proposed endeavor stands to have broader implications rising to the level of having national importance or... possible substantial positive economic effects
    AAO decision text
  • resume experience · ignored
    The letters do not address the first and third Dhanasar prongs, which are the issues on appeal.
    AAO decision text
  • motion resubmission · discounted
    presents a set of facts that did not exist at the time of filing and, therefore, may not establish eligibility.
    AAO decision text

Where this case turned

  • NEW post filing evidence rejected · p1
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
1coded 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

The Petitioner made an internally contradictory economic argument, asserting that the Beneficiary's services both help the economy (by returning workers to productivity) and burden taxpayers (via treatment costs), which the AAO found unhelpful either way. The AAO also rejected a research project proposal and other evidence submitted for the first time on appeal because it postdated the filing date and even the Director's motion decision, citing Matter of Michelin Tire Corp.

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)
  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles