NIW Bearings
dismissedJUN102021_01B52032021-06-10 · 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 Petitioner sought to teach business courses at the postsecondary level and/or work in a management or IT security-related role at a U.S. company, while also continuing work as a Financial Data Analyst/Accountant.

Field: business/information technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Director determined that the Petitioner "failed to provide a detailed description of the proposed endeavor."
Because the Petitioner has not provided consistent information regarding his proposed endeavor, we cannot conclude that he meets either the first or second prong
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his potential students to impact either his field or the nation's fiscal condition more broadly at a level commensurate with national importance.
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.

AAO decision text

Prong 2 — well positionednot established

we cannot conclude that he meets either the first or second prong, or that he has established eligibility for a national interest waiver.

AAO decision text

How the evidence was treated

  • other · discounted
    the Petitioner has not provided consistent information regarding his proposed endeavor
    AAO decision text
  • recommendation letter · discounted
  • resume experience · discounted
    It is also unclear from the record whether the Petitioner intends to continue his employment as a Financial Data Analyst/Accountant.
    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
  • Local, not national scope · p1impact confined to clients / a region
  • Endeavor too vague · p2described as a job role, not a defined undertaking
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Notable

The Petitioner submitted inconsistent descriptions of his proposed endeavor (teaching, IT/cybersecurity management, and continuing as a financial analyst); AAO refused to consider post-filing evidence (a volunteer-instructor job offer) under Matter of Katigbak. AAO also cited Dhanasar's own facts as directly analogous, finding the Petitioner's teaching endeavor similarly lacked broader field-wide 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.

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

Cases in adjacent profiles