NIW Bearings
dismissedMAR202024_09B52032024-03-20 · 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 Colombian anti-corruption and investigations specialist, proposed to work for a U.S. police department, assisting crime investigation and evidence-gathering to combat corruption and criminal activity.

Field: anti-corruption and criminal investigations · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew Director's finding that Petitioner qualified as an advanced degree professional because her Colombian law diploma/attendance record did not show a foreign equivalent to a U.S. bachelor's degree, nor five years progressive experience. AAO also found she failed at least three of six exceptional-ability criteria (academic record, ten years full-time experience, license/certification, and recognition for achievements).

Prong 1 — national importancenot established · dispositive

The Petitioner does not demonstrate that her proposed endeavor extends beyond her employer to impact anti-corruption initiatives, the criminal investigations field, or any other industries or the U.S. economy more broadly
The record does not suggest, for example, that the Petitioner's anti-corruption and investigations duties would meet the current demand for criminal investigators, address the national criminal investigations professional job shortage
The Petitioner's general claims that her anti-corruption and investigations specialist work for a police department will benefit the economy and the social welfare of the United States has not been established through independent and objective evidence
merely working in the criminal investigations field as an anti-corruption and investigative specialist for a police department is insufficient to establish the national importance of the proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner's general claims that her anti-corruption and investigations specialist work for a police department will benefit the economy and the social welfare of the United States has not been established
    AAO decision text
  • recommendation letter · discounted
    the letters lack sufficient details of her dates of employment and do not indicate whether her position was full-time
    AAO decision text
  • degree · discounted
    the record does not include an official academic record from the university, as required under the criterion
    AAO decision text
  • resume experience · discounted
    it does not indicate whether her work was full-time, as required under the plain language of the criterion
    AAO decision text
  • certification membership · discounted
    the record does not demonstrate that the Petitioner has a license to practice the profession or certification for her occupation
    AAO decision text
All 7 evidence items
  • media · discounted
    The industry reports and articles submitted do not discuss the broader implications of the Petitioner's proposed endeavor to her field
    AAO decision text
  • other · discounted
    the opinion's focus on the need for anti-corruption and investigations specialists... does not demonstrate that the Petitioner's specific endeavor may have a prospective impact
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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 withdrew Director's threshold finding (advanced degree) but found petitioner failed both the underlying EB-2 classification (neither advanced degree nor exceptional ability established) and Dhanasar prong 1's national importance requirement, treating prong 1 as dispositive and expressly declining to reach prongs 2 and 3.

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
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Flores v. Garland
  • Kazarian v. USCIS
  • Matter of E-M-
  • Matter of L-A-C-
  • Visinscaia v. Beers

Cases in adjacent profiles