NIW Bearings
dismissedMAR132025_02B52032025-03-13 · appeal · Nebraska 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 variously described his endeavor as working as a social and community services manager, an environmental scientist, a doctoral student, a software developer addressing climate change, and founder of a food waste management consulting company.

Field: social/community services and environmental science; food waste management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies for underlying EB-2 classification as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has not submitted sufficient or consistent evidence regarding the substantive nature of his endeavor, such that we can even evaluate whether it has substantial merit or national importance
Here, the Petitioner has not clearly identified or explained his proposed endeavor.
he does not describe what these services would entail and how he specifically plans to accomplish these wide-ranging objectives
he has not defined what these "food waste management processes" are, what they would involve, and what specific activities he will perform to achieve these goals
Because he has not clearly identified or explained his proposed endeavor, we cannot even conduct a Dhanasar analysis to conclude that it has substantial merit or national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    he does not describe what these services would entail and how he specifically plans to accomplish these wide-ranging objectives
    AAO decision text
  • other · discounted
    his appellate claims only further add to the lack of clarity
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

Unusual procedural history: after the combined motion to reopen/reconsider was dismissed, the Director sua sponte reopened the proceeding and issued a second denial before the appeal to AAO. The AAO's central rationale was that the endeavor itself kept shifting and multiplying across filings (social services manager, environmental scientist, doctoral student, software developer, finance contributor, food waste consultant), making it impossible to even conduct the Dhanasar prong 1 analysis, rather than a more typical finding that a clearly-defined endeavor lacked merit or importance.

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

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