NIW Bearings
dismissedMAY022024_02B52032024-05-02 · 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 sought to work as an independent IT consultant, providing information technology infrastructure design, implementation, and maintenance services to U.S. companies.

Field: information technology / computer systems engineering · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's favorable finding on advanced-degree professional status, holding that the Petitioner's experience letters lacked the specific duty descriptions required by 8 C.F.R. 204.5(g).

Prong 2 — well positionednot established · dispositive

It is insufficient to allege eligibility through conclusory assertions that are not supported by sufficient evidence, which proves the allegation.
We do not find Professor opinion letter to be of sufficient value to support the Petitioner's claims under the second Dhanasar prong.
This personal plan is less like a business plan than it is a summary of the Petitioner's work history and qualifications
Nor does the evidence show that her track record of nmning various businesses, plans for future activities, and progress towards establishing her new company in the United States rise to the level of rendering her well positioned

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    It is insufficient to allege eligibility through conclusory assertions that are not supported by sufficient evidence, which proves the allegation.
    AAO decision text
  • resume experience · discounted
    the letters contain general information such as the job title or their appreciation for her services
    AAO decision text
  • certification membership · ignored
    the Petitioner does not explain the role those certifications should play in her showing she is well positioned to move the endeavor forward
    AAO decision text
  • business plan · discounted
    it does not adequately aid the Petitioner in demonstrating she is well positioned to advance the proposed endeavor
    AAO decision text

Where this case turned

  • Business plan speculative · p2projections without a documented basis or steps
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO withdrew the Director's favorable threshold determination on advanced-degree professional status due to deficient experience letters, but this did not affect the outcome because the dispositive failure was under Dhanasar prong two; AAO invoked a prejudice requirement (citing Shinseki v. Sanders and Molina-Martinez) to reject the Petitioner's claim that the Director failed to address certain evidence types (published materials, judging roles).

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.

  • Flores v. Garland
  • Matter of Ho

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