NIW Bearings
dismissedMAR092023_05B52032023-03-09 · 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 proposed to continue working as a product manager, first for a cosmetics company and then for an insurance-focused company, developing products and projects for his employer.

Field: marketing/product management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director did not address this issue, but the AAO found the Petitioner's two master's degrees sufficient to establish EB-2 eligibility as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner conflates his proposed endeavor with his current employment.
There is nothing inherent to the proposed endeavor of employment as a product manager that would have substantial positive economic effects on a particular industry or small businesses in the United States.
broad statements about the national importance of a particular field are insufficient to demonstrate that a petitioner's specific proposed endeavor meets the first prong.
the Petitioner's proposed endeavor is of substantial merit, but that he has not established its national importance

AAO decision text

How the evidence was treated

  • degree · credited
  • recommendation letter · discounted
    neither letter supports the Petitioner's claims of potential job creation.
    AAO decision text
  • media · discounted
    broad statements about the national importance of a particular field are insufficient to demonstrate that a petitioner's specific proposed endeavor meets the first prong.
    AAO decision text
  • contract revenue · discounted
    it does not indicate that this would have any broader implications for the national economy
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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 acknowledged multiple drafting errors in the Director's decision (incorrect gender references, an erroneous mention of 'patients,' and an inconsistent concluding statement) but found them immaterial to the outcome since the Director had repeatedly found the national importance prong unmet.

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. 204.5(k)(2)
  • Poursina v. USCIS

Cases in adjacent profiles