NIW Bearings
dismissedMAR102023_02B52032023-03-10 · 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 Brazilian-trained HR analyst/traffic psychologist, formed a Florida LLC to provide human resources consulting services, including recruitment and retention strategy, to small and medium-sized U.S. businesses.

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

EB-2 threshold — not met

Petitioner claimed the equivalent of a master's degree via bachelor's plus five years' progressive experience, but the record showed only about three years of demonstrable post-baccalaureate HR experience, with some experience predating her degree and some (traffic psychology) not shown to be in the same specialty.

Prong 1 — national importancenot established · dispositive

“General infmmation about the Petitioner's occupation and statistics about small businesses and labor shmiages does not establish the national impmiance of the Petitioner's specific proposed endeavor.”
“Limited local effects may be of great benefit to the Petitioner's own clients, but still lack national importance.”
“The Petitioner did not submit the multiplier evidence itself or show that her proposed endeavor falls under the categories named.”
“Their aggregate impact does not establish the national importance of the proposed endeavor.”
“the Petitioner has not explained how her methods would be disseminated so widely that they would have a nationally significant economic impact.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “modeled projections of indirect jobs do not show that the proposed endeavor itself has significant potential to employ U.S. workers”
    AAO decision text
  • recommendation letter · discounted
    “The letter does not introduce new facts into the record; rather, the professor described record evidence and concluded that the Petitioner is eligible.”
    AAO decision text
  • resume experience · discounted
    “The Petitioner claimed 'more than 10 years of experience in the field,' but she did not document that much experience.”
    AAO decision text
  • degree · discounted
    “The relevance of a psychology degree to HR management, however, does not establish that psychology and HR management are the same specialty.”
    AAO decision text
  • other · discounted
    “General information about the Petitioner's occupation and statistics about small businesses and labor shortages does not establish the national importance.”
    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
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The Director's denial addressed only the national interest waiver, but the AAO sua sponte raised and dismissed the appeal also on threshold EB-2 grounds (failure to show 5 years' progressive post-baccalaureate experience), calling this 'by itself' sufficient to preclude approval, yet still proceeded to analyze prong 1 for completeness. The AAO expressly reserved prong 3 as unnecessary to reach under Bagamasbad and Matter of L-A-C-.

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)
  • Matter of L-A-C-
  • Poursina v. USCIS

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