NIW Bearings
dismissedJUN292021_02B52032021-06-29 · 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 financial analyst, proposed to advise U.S. companies on growth and profitability, focusing on financial analysis and foreign direct investments to enhance U.S. financial markets and cross-border operations with Latin America.

Field: financial analysis · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work
does not offer sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
Without evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer(s) and clients to impact the industry more broadly

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong
    AAO decision text
  • other · discounted
    to evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement, we look to evidence documenting the potential prospective impact of his work, not the importance or economic benefits of his industry
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO adopted and affirmed the Director's decision with additional comments, citing Matter of P. Singh for the practice of affirming lower decisions rather than independently restating the analysis.

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.

  • Chen v. INS
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles