NIW Bearings
dismissedJUN172024_09B52032024-06-17 · 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 food safety consultant, proposed to build on his experience in food packaging and manufacturing to help companies improve continuous-improvement processes and comply with food safety standards, disseminating his work through conferences and training.

Field: food safety consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualified as an advanced degree professional based on a foreign equivalent master's degree in business management.

Prong 1 — national importancenot established · dispositive

this statement is not specific or detailed enough for us to assess the potential prospective impact of it in the abstract
instead, to assess national importance, we focus on the "specific endeavor that the [noncitizen] proposes to undertake."
These articles and reports do not discuss the Petitioner's specific proposed endeavor, do not help demonstrate the potential prospective impact of the endeavor on the issue of food safety
we conclude that the record does not contain sufficient evidence to establish that the effects of his proposed endeavor may rise to the level of national importance

AAO decision text

How the evidence was treated

  • other · discounted
    this evidence relates only to the food packaging and manufacturing sector in general and not the Petitioner's specific proposed endeavor
    AAO decision text
  • business plan · credited

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
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Notable

AAO withdrew the Director's finding on substantial merit (found it met), but dismissed solely on national importance, illustrating that merit and importance are separable sub-issues within prong 1. Petitioner argued endeavor should be distinguished from employment 'vehicle,' which AAO rejected as too abstract without considering implementation.

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
  • Buletini v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles