NIW Bearings
dismissedMAR062025_03B52032025-03-06 · 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 ballet teacher and director, proposed to open and lead a dance studio LLC in the Atlanta, Georgia area offering various dance classes, inclusive programs, and productions.

Field: dance/performing arts education · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“The Petitioner has not established that up to 22 jobs represents significantly high employment in the dance industry at a level indicative of national importance.”
“she did not submit evidence that Atlanta is an economically depressed area or that her company would operate in other such areas.”
“merely working in an area of national interest does not establish the national importance of a specific proposed endeavor.”
“none of these individuals discuss her proposed endeavor.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “The Petitioner did not submit evidence that the employment of up to 22 people...is significantly high in the dance industry”
    AAO decision text
  • recommendation letter · discounted
    “none of these individuals discuss her proposed endeavor.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
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

The AAO agreed the endeavor had substantial merit (business/culture) but found national importance unproven, and expressly reserved both the underlying EB-2 exceptional-ability eligibility and the second and third Dhanasar prongs as unnecessary to reach.

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.

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

Cases in adjacent profiles

← Back to the case explorer