NIW Bearings
dismissedJUN122024_06B52032024-06-12 · 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, a flight attendant with seven years of experience, proposed to continue working as a flight attendant, claiming her expertise would improve aviation safety, efficiency, and industry profitability.

Field: aviation / flight attendant services · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner met the exceptional-ability classification without elaboration; the AAO noted the record 'does not appear to support a favorable determination' but declined to revisit this issue since the appeal failed on other grounds.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not adequately established this undertaking has substantial merit, nor has she demonstrated such an endeavor has national importance”
“she simply lays out these speculative theories without grounding them in tangible or concrete proof.”
“the Petitioner's appeal does not describe the evidence that supports these claims.”
“Nominal improvements in an industry or field are not sufficient to meet the national importance requirements under the Dhanasar framework.”
“the relevant question is not the importance of the industry or profession in which the foreign national will work.”

AAO decision text

How the evidence was treated

  • resume experience · ignored
  • other · discounted
    “she simply lays out these speculative theories without grounding them in tangible or concrete proof.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

The AAO devoted extensive analysis to a procedural signature-validity issue, concluding the Form I-290B and Form G-28 bore an electronically duplicated (not original handwritten) signature, and stated it would dismiss the appeal on that basis alone even apart from the NIW merits. It also noted the petitioner had a subsequent pending NIW petition with apparently similar signature issues, flagging it for the Director's attention.

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.

  • Flores v. Garland
  • Matter of Ho

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