NIW Bearings
dismissedNOV212024_01B52032024-11-21 · appeal · Nebraska 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 in the United States as a Tourism and Hospitality Management Specialist, sharing industry knowledge on technology, safety, training, sales, and partnerships with international hotel chains or established hospitality organizations.

Field: tourism and hospitality management · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

the record does not establish how the potential prospective impact of the specific endeavor the Petitioner proposes to undertake may have the type of broader implications indicative of national importance
the generalized "articles and reports" in the record do not address the Petitioner, the specific endeavor she proposes to undertake, and how the potential prospective impact of the specific endeavor she proposes to undertake may have broader implications
the substance of both opinion letters' bodies do not support the conclusory statements serving as section headers
the record does not specify any number of workers the Petitioner believes the specific endeavor she propose to undertake will cause her employer(s)-or any other entity-to hire

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the opinion letters do not support their conclusory statements with supporting information material to the issue of whether the specific endeavor... may have the type of broader implications
    AAO decision text
  • resume experience · ignored
    an individual's prior academic and employment experience are immaterial to the issue of whether the potential prospective impact of the specific endeavor... may have national importance
    AAO decision text
  • other · discounted
    the generalized information does not explain how the specific endeavor the Petitioner proposes to undertake may have national or even global implications
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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 flagged an internal inconsistency between the Petitioner's RFE-stage personal statement claiming a current 'consultancy role' and her resume showing employment ending before that date, citing Matter of Ho to undermine overall credibility, though this issue was not the basis for dismissal.

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
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles