NIW Bearings
dismissedNOV012024_01B52032024-11-01 · 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, holding a U.S. MBA, sought to continue working as an investment principal at a U.S. venture capital firm focusing on emerging AI companies, managing an investment portfolio and identifying startups with growth potential.

Field: venture capital / investment (emerging AI companies) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies for EB-2 as an advanced degree professional based on his MBA.

Prong 1 — national importancenot established · dispositive

“the evidence does not show that it would have significant potential to employ U.S. workers, have substantial positive economic impact in this country, broadly impact the industry on national or global level”
“the specific proposed endeavor to work as a principal investor for the company that invests in emerging startup companies for equity stakes does not necessarily demonstrate that his endeavor is inherently nationally important”
“The importance of the proposed endeavor, as noted, is evaluated by its specific prospective impact, not by the importance of the investment industry in which he proposes to engage”
“the record lacks evidence of any particular interest of significance in the Petitioner's investor work (other than from his employer, its investees, his colleagues, and supporters)”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the referenced assertions and documents primarily relate to whether he is well positioned to advance his endeavor under Dhanasar's second prong”
    AAO decision text
  • resume experience · discounted
    “the above evidence and assertions focus on the Petitioner's experience, skills, and the value of his profession”
    AAO decision text
  • media · discounted
    “the referenced assertions and documents primarily relate to whether he is well positioned to advance his endeavor under Dhanasar's second prong”
    AAO decision text
  • degree · credited
  • other · discounted
    “it is unclear how the industry articles pertaining to small business and AI markets directly evidence or relate to the claimed economic and societal impact”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • 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 addressed and corrected an apparent typographical error in the Director's decision that the Petitioner argued had actually found national importance satisfied; AAO concluded the overall denial language and analysis unequivocally found the prong unmet regardless.

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.

  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of E-M-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the specific endeavor (his job duties as investment principal) had impact beyond his employer and its investees, conflating industry importance with endeavor importance.

Transferable lesson

Quantify and contextualize the endeavor's scale against the broader industry/economy, and ensure evidence targets the endeavor's national impact, not the petitioner's personal qualifications.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · critical_emerging_tech

Evidence targeting

person_focused

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