NIW Bearings
dismissedJUN102024_04B52032024-06-10 · 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 an independent digital marketing consultant in the U.S., focusing on helping women business owners and entrepreneurs grow their businesses through digital marketing tools.

Field: digital marketing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional based on a foreign equivalent bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the relevant question in determining national importance is not the importance of the field, industry, or profession in which an individual will work, but rather "the specific endeavor that [the individual] proposes to undertake."
these initiatives do not discuss the Petitioner's specific endeavor, do not help demonstrate the potential prospective impact of the endeavor on women's business ownership in the United States, and do not otherwise demonstrate the national importance of the proposed endeavor.
the record does not demonstrate that the endeavor has the potential to result in a broad impact that would rise to the level of national importance.
the Petitioner has not offered a sufficiently direct connection between her proposed endeavor and any demonstrable economic or societal welfare effects.

AAO decision text

How the evidence was treated

  • other · discounted
    do not discuss the Petitioner's specific endeavor, do not help demonstrate the potential prospective impact
    AAO decision text
  • other · discounted
    Any professional or business service has the potential to positively impact its clients and community
    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
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

Petitioner raised a procedural due-process-style argument that the RFE and decision failed to discuss the entirety of the evidence submitted, citing Buletini v. INS; AAO rejected this, holding district court decisions are not binding and that USCIS need not address every piece of evidence, citing multiple circuit court cases (Osuchukwu, Ren, Larita-Martinez).

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)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Buletini v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles