NIW Bearings
dismissedJUN182024_04B52032024-06-18 · 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 facility manager, proposed to develop and implement commercial facility-management projects—emphasizing sustainability, cost reduction, and efficiency—drawing on his prior experience with technology implementation and pandemic-related sanitization coordination in Brazil.

Field: facility management · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; not contested on appeal.

Prong 1 — national importancenot established · dispositive

the record does not establish its national importance
he has not shown how these projects resulted (or could result) in broader implications to the field beyond the benefits realized by his former employers and customers
he does not provide further explanation regarding how these benefits, even ifrealized, would have broader implications to the field
Generalized conclusory statements that do not identify a specific impact to the field have little probative value
the Petitioner relies primarily on the economic impact of the facility management industry, stating "the [f]acility [m]anagement [m]arket ... is expected to reach USD 1505.6 billion in 2027"
both expert opinion letters rely primarily on the importance of the facility management industry to establish the national importance of the endeavor
much of the content of the expert opinion letters lacks relevance with respect to the national importance of the Petitioner's proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    much of the content of the expert opinion letters lacks relevance with respect to the national importance of the Petitioner's proposed endeavor
    AAO decision text
  • resume experience · discounted
    it is not sufficient to establish the national importance of their proposed endeavor
    AAO decision text
  • other · discounted
    the Petitioner has not provided a sufficient explanation of the prospective impact directly attributable to his proposed work
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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

AAO noted the Petitioner's appeal largely copy-pasted RFE response language without identifying specific errors, which alone would warrant dismissal under 8 C.F.R. 103.3(a)(1)(v), though AAO proceeded to de novo review anyway.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

Cases in adjacent profiles