NIW Bearings
dismissedMAY222025_02B52032025-05-22 · 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 proposed to work as a project manager in the consumer goods industry, providing 'strategic innovation and portfolio optimization' services including risk mitigation, cost reduction, and sustainability improvements for the companies he works with.

Field: project management in consumer goods industry · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined and AAO agreed the Petitioner established eligibility for EB-2 classification as an advanced degree professional; not an issue on appeal.

Prong 1 — national importancenot established · dispositive

the impact of his work appears limited to only their operations and did not affect the project management industry as a whole
it is not the field or industry but the proposed endeavor itself that must be shown to be of national importance
his assertions are insufficient, on their own, to establish, by a preponderance of the evidence, his burden
the record does not establish that the Petitioner's professional services in the area of project management would impact the U.S. business ecosystem more broadly

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    while the letters underscore the substantial merit of the proposed endeavor, they do not establish its national importance
    AAO decision text
  • business plan · credited
  • other · discounted
    we are not persuaded by the Petitioner's claim that his proposed endeavor has national importance due to the increased demand for project managers
    AAO decision text

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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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 distinguishes substantial merit from national importance, analogizing to Dhanasar's STEM-teacher example, and declines to reach prongs 2 and 3 under 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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles