NIW Bearings
dismissedNOV192024_02B52032024-11-19 · 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 international banking manager, proposed to continue working in international banking in the United States, specifically assisting with expansion efforts in the African region.

Field: international banking · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found EB-2 advanced-degree eligibility established based on foreign bachelor's degree plus five years progressive experience; AAO reserved this issue as unnecessary to reach given dispositive prong 1 failure.

Prong 1 — national importancenot established · dispositive

“the Petitioner improperly relies upon the importance of the industry to establish the national importance of her proposed endeavor”
“without sufficient documentary evidence of the specific proposed endeavor's broader impact on the industry, the Petitioner's proposed endeavor does not meet the "national importance" element”
“The Petitioner highlights the general duties of an international banker but does not detail the prospective impact of the Petitioner's specific proposed endeavor”

AAO decision text

How the evidence was treated

  • media · discounted
    “this provides good background information and information on the importance of the industry”
    AAO decision text
  • resume experience · discounted
    “these documents relate to the second prong of the Dhanasar framework”
    AAO decision text
  • recommendation letter · discounted
    “these documents relate to the second prong of the Dhanasar framework”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

AAO reserved the underlying EB-2 classification issue and declined to reach prongs two and three, citing Bagamasbad and Matter of L-A-C- for not making purely advisory findings once dispositive first-prong failure was found.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

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