NIW Bearings
dismissedNOV142024_04B52032024-11-14 · 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 proposed to work as a business and logistics specialist for a large U.S. logistics company, applying his experience and language skills to develop and implement new logistics processes lowering costs and port charges.

Field: international business and logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the proposed endeavor of working "in a large logistics company" as a business and logistics specialist will benefit his employer(s), their business partners, and their clients and customers.
the implications of that appear to be confined to the international business that employs him, its business partners, and its clients and customers
the record does not establish how the proposed endeavor of the Petitioner working as one "Logistic Manager" for-presumably-one employer at a time will affect the alleged "national shortage of International Business Experts"
the record does not establish how his logistics work for his employer will create jobs, the number ofjobs his logistics work will create
the potential prospective impact of the proposed endeavor may have national importance
the Petitioner's references-throughout the record but specifically on appeal-to his "background and experience" are material to the second Dhanasar prong

AAO decision text

How the evidence was treated

  • resume experience · discounted
    an individual's background and experience are immaterial to determining whether the potential prospective impact of the specific endeavor
    AAO decision text
  • recommendation letter · discounted
    recommendation letters recognize and praise the Petitioner's ability in the field... has not established that the proposed endeavor has implications beyond a company
    AAO decision text
  • other · discounted
    those documents are not specific to the self-petitioner...it is not apparent how these articles are relevant
    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
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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 notes an unusual economic counterargument: lowering employer costs/port charges may cause offsetting negative revenue effects for ports and other entities, potentially resulting in net job losses rather than job creation.

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
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles