NIW Bearings
dismissedMAY012020_01B52032020-05-01 · 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 financial applications consultant, proposed to use her expertise to design, validate, and present software solutions to federal agencies, public sector entities, and large U.S. companies to help them comply with business requirements and reduce costs.

Field: financial applications consulting / IT · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The record, however, does not include supporting information or evidence from any of these agencies to corroborate her claim regarding the "billions of dollars" in savings
we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and clientele to impact her field or the nation's fiscal condition more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects

AAO decision text

How the evidence was treated

  • resume experience · discounted
    considerations under Dhanasar's second prong, which "shifts the focus from the proposed endeavor to the foreign national."
    AAO decision text
  • other · discounted
    the record does not include evidence of the Petitioner's upcoming projects for U.S. federal government agencies
    AAO decision text
  • resume experience · discounted
    the evidence does not show that this work has been utilized beyond [her employer] and its clients
    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
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

The AAO explicitly relies on job-offer/employment verification letters (from her employers) not to establish an actual job offer but merely 'to illustrate the capacity in which she intends to work,' since the waiver dispenses with the job-offer requirement.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles