NIW Bearings
dismissedJUN162021_04B52032021-06-16 · 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, an accountant, proposed to work as an accountant and tax consultant for U.S. companies, offering tax planning, accounting systems improvement, and advisory services, including advising on business dealings with Brazil.

Field: accounting/tax consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner qualified as a member of the professions holding an advanced degree; not contested.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and clientele to impact the accounting industry or U.S. economy more broadly at a level commensurate with national importance.
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's accounting and tax consulting projects would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • other · discounted
    the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and clientele
    AAO decision text
  • resume experience · discounted
    The Petitioner's education, skills, and knowledge in his field relate to the second prong of the Dhanasar framework
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO characterizes the substantial-merit component as met (crediting extensive industry articles on tax complexity/accounting shortages) but finds national importance unmet solely because the endeavor's impact does not extend beyond employer and clientele; explicitly declines to reach prongs 2 and 3.

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.

  • Poursina v. USCIS

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