NIW Bearings
dismissedNOV022023_01B52032023-11-02 · 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, a sales manager with a background in telecommunications, appliances, and computer sales, intended to work as an IT sales manager in the United States, performing B2B sales, sales team leadership, customer solutions, and cybersecurity guidance.

Field: information technology sales management · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner's bachelor's degree plus experience equivalent to a master's degree under 8 C.F.R. 204.5(k)(2); exceptional ability claim deemed moot.

Prong 1 — national importancenot established · dispositive

This information does not show how the Petitioner's proposed endeavor, in particular, would be of national importance.
The issue, however, is the national importance of his specific proposed endeavor, not the collective or aggregate importance of all businesses or the entire IT industry.
he stated that his proposed endeavor will increase profits, leading to job growth and greater tax revenue, but he did not provide any specific, conoborated figures.
The Petitioner did not establish the wider significance of this figure beyond benefit to his employer.
A stated intention to work in an important field or industry does not establish the national importance of a proposed endeavor within that field or industry.
The overall importance of a given industry or field does not suffice, by itself, to show that employment within that industry or field has national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The Petitioner did not establish the wider significance of this figure beyond benefit to his employer.
    AAO decision text
  • other · discounted
    The issue, however, is the national importance of his specific proposed endeavor, not the collective or aggregate importance of all businesses or the entire IT industry.
    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
  • 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
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 explicitly declined to reach prongs 2 and 3, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not decide unnecessary issues once dispositive ineligibility is found on prong 1.

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)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles