NIW Bearings
dismissedMAR062024_03B52032024-03-06 · 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 Spanish/language teacher with a doctorate in education, proposed to work as a language teaching advisor/consultant assisting U.S. public school districts in improving language-learning programs for Hispanic and Latino and multilingual students.

Field: education / language teaching · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found petitioner qualifies as advanced degree professional based on bachelor's plus doctorate in education.

Prong 1 — national importancenot established · dispositive

the Petitioner did not provide relevant and persuasive details regarding her endeavor, such as how and where she would establish and operate this consultant group, or its specific impact in a region or nationwide
merely working in an important field is insufficient to establish the national importance of the proposed endeavor
we find that the Petitioner has not established her proposed endeavor in this case will sufficiently extend beyond her students or schools where she will work to impact the education field broadly or affect the regional or national economy overall

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the recommendation letters did not discuss the Petitioner's specific methods or innovations that contribute to the field of language instruction overall
    AAO decision text
  • other · discounted
    included generalized articles on a variety of topics ... without discussing her specific proposed endeavor and its specific impact
    AAO decision text
  • degree · credited

Where this case turned

  • 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 agreed the Director mischaracterized the petitioner's endeavor by conflating it with employment, but still affirmed the ultimate national-importance denial de novo; AAO analogized to Dhanasar's own example of a classroom teacher whose impact is limited to school/district.

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)
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles