NIW Bearings
dismissedJUN162023_02B52032023-06-16 · 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, a bilingual content analyst with a master's degree in international studies, proposed to work in linguistics/translation services, including potentially self-employed freelance translation and proofreading work, while continuing at her current employer.

Field: bilingual content analysis / translation and linguistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Petitioner established eligibility as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

“the relevant question is not the importance of the industry or profession where a petitioner will work, but the specific impact of that proposed endeavor”
“she has not established with specific, probative evidence that her endeavor will have broader implications on the linguistics-language industry and extend beyond the company she works for or her potential business's clients”
“the record does not include any other documentary evidence to support the Petitioner's claims of benefit to the local or national economy”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “she has not established with specific, probative evidence that her endeavor will have broader implications on the linguistics-language industry”
    AAO decision text
  • recommendation letter · ignored
  • resume experience · credited
  • degree · credited

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
  • 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 Petitioner's proposed endeavor included personal goals such as completing her PhD and obtaining LPR status, which the AAO explicitly declined to evaluate, limiting its national-importance analysis only to the business/translation services portion of the endeavor.

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. 103.3
  • Poursina v. USCIS

Cases in adjacent profiles