NIW Bearings
dismissedJUN092021_06B52032021-06-09 · 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 proposed to work as a public relations and communications specialist for American companies, offering expertise in risk and crisis communications, while also teaching communications courses at the undergraduate level.

Field: public relations and communications · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's employing universities”
“the record does not establish how the proposed endeavor of working as a public communications specialist for one or more unspecified companies rises to the level of broader implications within the field”
“the Petitioner's focus on appeal on the field of public relations in general does not address aspects of the specific endeavor and how the performance of the planned activities under the endeavor would have broader implications”
“the [P]etitioner's claims of the potential prospective impact on the broader field have not been corroborated with independent objective evidence”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “they do not address how the proposed endeavor in the United States has broader implications beyond his immediate employer(s) and students”
    AAO decision text
  • other · discounted
    “the [P]etitioner's claims of the potential prospective impact on the broader field have not been corroborated with independent objective evidence”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The Petitioner's teaching role and public relations consulting work were both found to inure primarily to specific employers/institutions rather than having broader field-wide implications; AAO expressly reserved judgment on prongs 2 and 3 despite Petitioner's appellate arguments touching on prong 2 factors (expertise, prior accomplishments).

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)
  • INA 291

Cases in adjacent profiles