NIW Bearings
dismissedNOV122024_02B52032024-11-12 · combined · 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 instructional coordinator, proposed to create and implement a virtual reality tool/technology plan for use in teaching to enhance student engagement and learning outcomes.

Field: education / instructional technology (virtual reality) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; not disputed on motion.

Prong 1 — national importancenot established · dispositive

the technology plan supplement does not elaborate on how the proposed endeavor may have national or even global implications within the field of education
the technology plan supplement does not address how the proposed endeavor may have significant potential to employ U.S. workers or other substantial positive economic effects
very little specific information about the Petitioner's proposed endeavor
information about a prior project in which the Petitioner participated does not inform how the specific, prospective endeavor she proposes to undertake may have national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not address how the potential prospective impact of the specific endeavor ... may have the type of broader implications indicative of national importance
    AAO decision text
  • recommendation letter · discounted
    very little specific information about the Petitioner's proposed endeavor
    AAO decision text
  • motion resubmission · discounted
    quoting verbatim assertions she already made in the record
    AAO decision text
  • other · discounted
    do not identify the Petitioner or the specific endeavor she proposes to undertake
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
1,312coded 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

This is the Petitioner's second post-appeal combined motion; AAO incorporates prior appeal and motion decisions by reference and finds new evidence (a technology plan supplement and reiterated letters/prior-project information) immaterial to the dispositive national importance issue under Dhanasar prong one.

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. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles