NIW Bearings
dismissedNOV032023_04B52032023-11-03 · 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 architect and program manager, proposed an endeavor connected to the construction industry (including green/sustainable construction), but did not clearly specify the concrete form his work would take (e.g., an online marketplace, employment at a firm, or a consulting role).

Field: architecture / construction (green construction) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The nebulous nature of the Petitioner's employment prohibits USCIS from determining the broader implications and impact of the proposed endeavor
the record/RFE response has not offered sufficient specific information regarding the expected contributions from the proposed endeavor.
the Petitioner's accomplishments relate to the results he achieved on specific projects or for specific employers/clients but are not indicative of broader implications to the field.
the Petitioner improperly relies upon the importance of the industry, which the articles and reports demonstrate, as sufficient to establish the national importance of his proposed endeavor.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner's accomplishments relate to the results he achieved on specific projects or for specific employers/clients but are not indicative of broader implications to the field.
    AAO decision text
  • other · discounted
    the Petitioner improperly relies upon the importance of the industry...as sufficient to establish the national importance of his proposed endeavor.
    AAO decision text

Where this case turned

  • 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
746coded 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 AAO expressly adopts and affirms the Director's decision under Matter of Burbano while purporting to give 'individualized consideration,' and in a footnote declines to reach remaining Dhanasar prongs because the prong 1 finding is dispositive. The AAO also rejects the Petitioner's argument that the Director applied a higher (different-classification) evidentiary standard and rejects a Buletini-based abuse-of-discretion claim regarding failure to address each piece of evidence individually.

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
  • Buletini v. INS
  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles