NIW Bearings
dismissedJUN092021_04B52032021-06-09 · 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 regional sales manager, proposed to continue working in sales management for U.S. companies, claiming his expertise in sales, marketing, and engineering would generate business growth, new revenue streams, and jobs.

Field: sales management/engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

has not established that his proposed work as a sales manager has implications beyond his current employer (or any prospective employers), their business partners, alliances, and/or clients and customers at a level sufficient to demonstrate the national importance of his endeavor.
The record does not establish any particular process the Petitioner would improve through the proposed endeavor, and how he would improve that process.
While the Petitioner claims the endeavor will generate new revenue streams and a demand for additional workforce, the record lacks evidence supporting that statement.

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the record lacks evidence supporting that statement
    AAO decision text

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
  • 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

The Petitioner argued a shortage of specialized U.S. sales professionals and cited generic dissemination of business processes across industries as evidence of national importance, but the AAO's analysis focused primarily on lack of specificity and employer-limited benefit rather than directly addressing the shortage claim.

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.

  • INA 203(b)(2)

Cases in adjacent profiles