NIW Bearings
dismissedNOV182022_02B52032022-11-18 · 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 child development psychologist, sought to continue clinical work with clients and students in the field of child development psychology.

Field: child development psychology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as a member of the professions holding an advanced degree; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

Rather than address the Director's conclusions on appeal, the Petitioner generally discusses the importance of her field and provides conclusory statements that her proposed endeavor is of national importance.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her clients and students to impact the field of child development psychology more broadly at a level commensurate with national importance.
Furthermore, the Petitioner has not demonstrated that her specific endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
the record does not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar.

AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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 expressly adopted and affirmed the Director's decision under Matter of P. Singh/Burbano rather than conducting independent analysis, then supplemented with brief comments. Petitioner did not substantively engage the Director's reasoning on appeal, instead reiterating general field-importance arguments.

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.

  • Chen v. INS
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles