NIW Bearings
dismissedMAY142024_12B52032024-05-14 · 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, an experienced Fintech professional, proposed to work in the U.S. as a Fintech services executive developing digital payment, cross-border remittance, and financial-inclusion technologies while collaborating with industry, regulators, and investors.

Field: financial technology (Fintech) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner's broad statements about the various issues of concern that he might address and general information about the Fintech industry offer little insight into the specific endeavor
the relevant question is not the importance of the industry or profession in which the individual will work
the submitted letters do not substantiate the nature of the specific endeavor that the Petitioner intends to engage in or explain the substantial merit and national importance of his proposed work

AAO decision text

Prong 2 — well positionednot established · dispositive

Because the Petitioner has not provided sufficient information regarding his proposed endeavor, he has not met his burden to demonstrate through the preponderance of evidence that he meets the second prong.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the submitted letters do not substantiate the nature of the specific endeavor that the Petitioner intends to engage in or explain the substantial merit and national importance of his proposed work
    AAO decision text
  • other · discounted
    the Petitioner's broad statements about the various issues of concern that he might address and general information about the Fintech industry offer little insight into the specific endeavor that he intends to pursue
    AAO decision text
  • resume experience · discounted
    he did not provide a detailed description explaining how he will be prospectively engaged in the provision of Fintech-related services in the United States, supported by documentary evidence
    AAO decision text

Where this case turned

  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Derivative of Prong 1/2 failure · p2prong three fails only because prongs one or two did — no independent ground
1,581coded 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 Director had found the second prong satisfied but failed the first and third; the AAO withdrew the Director's second-prong finding and instead found both the first and second prongs unmet, declining to reach the third prong.

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 Ho
  • Matter of L-A-C-

Cases in adjacent profiles