NIW Bearings
dismissedMAR132023_05B52032023-03-13 · 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, an experienced marketing manager, initially proposed to continue working as a marketing manager for U.S. companies, then later claimed she would develop her own marketing consulting agency in Florida.

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

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of her specific, proposed endeavor rather than the importance of marketing managers to the U.S. economy
The Petitioner did not offer specific information and evidence to corroborate her assertions that the prospective impact of continuing her work as a marketing manager rises to the level of national importance
Without evidence regarding any projected U.S. economic impact or job creation attributable to her future work, the record does not show any benefits to the U.S. regional or national economy
the record does not show through supporting documentation how her marketing management stands to sufficiently extend beyond the businesses that might employ her

AAO decision text

How the evidence was treated

  • business plan · discounted
    we will not consider the Petitioner's materially changed proposed endeavor
    AAO decision text
  • resume experience · discounted
    The Petitioner's experience and abilities in her field relate to the second prong
    AAO decision text
  • other · discounted
    the record does not show through supporting documentation how her marketing management stands to sufficiently extend beyond the businesses that might employ her
    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
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Notable

AAO rejected the Petitioner's shift in proposed endeavor (from working for U.S. companies to founding her own marketing consulting agency, introduced only in response to the RFE) under the Izummi/Bardouille 'materially changed facts' doctrine, refusing to consider the later business plan at all and evaluating national importance based solely on the original, more generic endeavor description.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Matter of Bardouille
  • Matter of Izummi
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles