NIW Bearings
dismissedMAR162023_05B52032023-03-16 · 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 work as a musical event manager and vocal teacher in the classical music field.

Field: classical vocal performance / music teaching / musical event management · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found credential evaluation insufficient to establish advanced degree equivalency, but AAO withdrew this finding, concluding the credential evaluation plus academic documents sufficiently established advanced degree professional status.

Prong 1 — national importancenot established · dispositive

We conclude that the evidence in the record does not establish the national importance of the Petitioner's proposed endeavor.
However, this evidence does not establish that his proposed musical event management and teaching activities are of national importance.
The Petitioner has not established that the benefits of his proposed endeavor will extend beyond his own students or musical event attendees to impact the industry or field more broadly.
the Petitioner's new evidence of music teacher occupational data and articles about classical music is substantially similar to the evidence already in the record and does not help establish the national importance

AAO decision text

How the evidence was treated

  • degree · credited
  • citations publications · discounted
    This evidence relates to the second prong of the Dhanasar framework
    AAO decision text
  • media · discounted
    This evidence relates to the second prong of the Dhanasar framework
    AAO decision text
  • motion resubmission · discounted
    The Petitioner's appeal brief essentially repeats previous claims and does not establish error in the Director's decision.
    AAO decision text
  • other · discounted
    we will not consider events that arose after the initial filing of the I-140 Petition
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
1,581coded 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 withdrew the Director's threshold EB-2 finding (credential evaluation) but still dismissed on prong 1 national importance; also excluded post-filing evidence (2022 concert performance) under the material-change-of-facts rule from Matter of Katigbak.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show national importance: evidence proved personal reputation/qualifications, not that the specific endeavor's impact extended beyond his own students and events to the field or industry broadly.

Transferable lesson

Tie the specific endeavor's benefits to broader field/industry-level impact with concrete scale evidence, not just personal accolades or credentials.

Endeavor framing

vague

National-importance theory

field_advancement · other

Evidence targeting

person_focused

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