NIW Bearings
dismissedMAY092022_03B52032022-05-09 · 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 continue working as a recruitment consultant placing executive and leadership talent into energy companies across Europe, the Middle East, Africa, and North America, aiming to support U.S. energy independence and economic growth.

Field: recruitment consultancy (energy industry executive recruitment) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew the Director's finding on advanced degree, finding the Petitioner qualified as a professional holding an advanced degree via bachelor's degree plus over five years of progressive experience in recruitment consultancy; exceptional ability determination was not reached as moot.

Prong 1 — national importancenot established · dispositive

this evidence is not relevant to the consideration of whether the Petitioner's proposed endeavor has national importance as it does not detail the "potential prospective impact" of his work.
the Petitioner has not provided documentary evidence that support these conclusions.
these do by themselves, indicate the Petitioner's recruitment of executives and high-level leadership for not, targets or addresses a critical shortage to an extent it would involve national importance rather than benefitting his employer and its business clients.
the Petitioner did not provide documentary evidence indicating his recruitment consulting activities would impact the industry or the Petitioner's recruitment consultant field more broadly rather than benefiting his employer or their clients.
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation as he has not submitted documentation to support his assertions.
the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's projects would reach the level of "substantial positive economic effects" contemplated by Dhanasar.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    this evidence is not relevant to the consideration of whether the Petitioner's proposed endeavor has national importance
    AAO decision text
  • other · discounted
    the Petitioner has not provided documentary evidence that support these conclusions
    AAO decision text
  • resume experience · discounted
    The Petitioner's knowledge, skills, and experience in his field relate to the second prong
    AAO decision text
  • degree · credited

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
  • 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
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Notable

AAO withdrew the Director's denial of the underlying EB-2 advanced degree classification (finding it erroneous) but still dismissed the appeal solely on Dhanasar prong 1 national importance grounds, explicitly 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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles