NIW Bearings
dismissedMAY022025_02B52032025-05-02 · appeal

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, an accountant and financial audit expert, proposed to develop an efficient financial analysis and reporting regime to provide financial management support to small, medium, and large businesses and government agencies, helping them make sound decisions while complying with regulations.

Field: accounting/financial auditing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“None of the excerpted articles discuss the Petitioner's specific proposed endeavor.”
“E-C- does not indicate how the Petitioner's work would extend beyond individual businesses and agencies to impact her field more broadly in a manner commensurate with national importance.”
“the record does not establish that the Petitioner's proposed endeavor has significant potential to employ U.S. workers, has other substantial positive economic effects, has national or global implications within her field, or has other broader implications indicating national importance.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “does not indicate... any of the Petitioner's contributions have had national or global implications in her field”
    AAO decision text
  • citations publications · discounted
    “None of the excerpted articles discuss the Petitioner's specific proposed endeavor.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO expressly reserved determination of underlying EB-2 classification eligibility and prongs 2 and 3 as unnecessary once prong 1 (national importance) was found dispositive, citing INS v. Bagamasbad.

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
  • Matter of L-A-C-

Cases in adjacent profiles