NIW Bearings
dismissedMAY022024_03B52032024-05-02 · 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 proposed to work as an IT Project Manager in the United States, providing IT expertise and managing enterprise resource planning (ERP) and IT infrastructure projects for various companies.

Field: information technology / IT project management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing his particular IT project managerial services
the alleged shortage of occupations or occupational skills does not render his proposed endeavor nationally important under the Dhanasar framework
the record does not show any benefits to the U.S. regional or national economy resulting from his services would reach the level of "substantial positive economic effects"
The record does not show through supporting documentation how his endeavor sufficiently extends beyond his prospective employers or clients

AAO decision text

How the evidence was treated

  • other · discounted
    The Petitioner's arguments and evidence relate to the substantial merit aspect of the proposed endeavor rather than the national importance part.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
  • 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 expressly declined to reach threshold EB-2 classification and prongs 2/3, resolving the appeal solely on prong 1 national importance, and noted the dismissal rests on multiple independent alternate grounds within prong 1.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles