NIW Bearings
dismissedNOV152023_05B52032023-11-15 · 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 IT/project manager with experience in the oil and gas sector, proposed to provide digitization and cloud/data-management consulting services in the U.S. to help oil and gas companies improve efficiency and reduce carbon emissions.

Field: information technology / oil and gas · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

it is not clear how this general overview of digitization in the oil and gas industry relates directly to the Petitioner's endeavor and its potential prospective impact
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele
the Petitioner provides little detail on the potential economic impacts of his proposed U.S. business
the Petitioner here only vaguely asserts that the proposed endeavor would have an impact on data management and cloud computing

AAO decision text

How the evidence was treated

  • media · discounted
    it is not clear how this article relates directly to demonstrating that the Petitioner's proposed endeavor would likely have a potential prospective impact at the national level
    AAO decision text
  • recommendation letter · discounted
    there is little indication or evidentiary support as to how the Petitioner's specific endeavor would have significant potential to employ U.S. workers
    AAO decision text
  • resume experience · discounted
    the Petitioner's experience and knowledge in and of itself is not relevant to demonstrating its national importance, but whether he is well positioned to advance the endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
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 reserved prongs 2 and 3 as unnecessary once prong 1 was found dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach alternative issues.

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.

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

Cases in adjacent profiles