NIW Bearings
dismissedMAY272021_02B52032021-05-27 · appeal · Nebraska 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 executive in nonprofit management, proposed to continue managing and holding executive/board positions with several nonprofit organizations promoting Korean culture and diversity in the United States.

Field: nonprofit organization management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not qualify as advanced degree professional; on remand for exceptional ability, he failed criterion 204.5(k)(3)(ii)(F) (recognition for achievements/significant contributions), so did not meet the required three of six criteria.

Prong 1 — national importancenot established · dispositive

we concluded that the Petitioner's description of his proposed endeavor lacked detail, such that we were unable to determine that his work will have substantial merit and national importance
he provides no information about how his proposed activities and roles with these organizations would advance his proposed endeavor of promoting Korean culture and diversity
it is the Petitioner's burden to show that his proposed activities with the and other organizations will have broader implications in the field of the management of nonprofit organizations

AAO decision text

How the evidence was treated

  • certification membership · discounted
    they do not establish that he has been recognized for achievements and significant contributions to the field of nonprofit management
    AAO decision text
  • recommendation letter · discounted
    letters such as these are less probative evidence of recognition than contemporaneous recognition honoring a specific achievement
    AAO decision text
  • resume experience · discounted
    he provides no information about how his proposed activities and roles with these organizations would advance his proposed endeavor
    AAO decision text
  • business plan · ignored
    this evidence is not relevant to our analysis under the first prong of the Dhanasar framework
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a second AAO decision in the same case following a prior remand; the AAO explicitly withdrew the Director's finding that Petitioner met prong one and instead found it dispositive against him, while noting the exceptional-ability and NIW grounds were each independent and alternate bases for dismissal.

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)

Cases in adjacent profiles