NIW Bearings
dismissedMAR132024_07B52032024-03-13 · 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, a marketing and digital strategist, proposed to provide Latin music artists in the U.S. with digital marketing and brand-building strategy services, asserting this would strengthen the music industry, promote cultural diversity, and benefit U.S. society.

Field: marketing and digital strategy in the music industry · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director concluded Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner submitted generic and unsupported assertions regarding the potential prospective impact of her proposed endeavor.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her proposed clientele
the connection to the Petitioner's proposed endeavor is vague given that none of these initiatives specifically discuss the promotion of Latin music specifically
The Petitioner's knowledge, skills, and experience in her field relate to the second prong of the Dhanasar framework

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the referenced letter merely reiterates similar unsupported assertions provided by the Petitioner
    AAO decision text
  • media · discounted
    there is little description or supporting evidence to demonstrate that her proposed work with Latin artists in the United States would have a wide-ranging national impact
    AAO decision text
  • other · discounted
    the Petitioner did not sufficiently explain how her proposed endeavor would promote this effort, particularly since she did not assert that she was a recipient of this funding
    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
  • 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
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

AAO cited a 5th Circuit case (Flores v. Garland) confirming NIW grant/denial is discretionary in nature; Petitioner's argument leaned heavily on general federal arts/DEI initiatives (Biden Administration funding, executive orders) rather than specific ties to her own endeavor, which AAO found too generic and unconnected.

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
  • Matter of Ho

Cases in adjacent profiles