NIW Bearings
dismissedNOV282023_03B52032023-11-28 · 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 physician, proposed to promote breastfeeding by educating and training mothers, conducting research and publishing/presenting on breastfeeding, and establishing a nonprofit organization devoted to this goal.

Field: medicine / breastfeeding promotion and maternal health · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as an advanced degree professional based on her physician degree.

Prong 1 — national importancenot established · dispositive

these documents primarily describe the importance of breastfeeding in general and the problem of physician shortages in the United States, rather than establishing the importance of the Petitioner's specific endeavor
the relevant question is not the importance of the industry, field, or profession in which an individual will work; instead, to assess national importance, we focus on the "specific endeavor"
the business plan does not provide specific estimates for potential job creation or other financial projections
Without further evidence as to the extent of research that the proposed endeavor would involve...the Petitioner has not established the national importance of her endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide specific estimates for potential job creation or other financial projections
    AAO decision text
  • recommendation letter · discounted
    primarily describe the importance of breastfeeding in general...rather than establishing the importance of the Petitioner's specific endeavor
    AAO decision text
  • other · discounted
    relate to the field in general and not to the Petitioner's specific, proposed 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
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 applies a waiver doctrine, finding that the Petitioner failed to preserve or adequately raise the research-based national importance argument on appeal, then addresses it anyway in a footnote and rejects it on the merits as an alternative holding.

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 L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-
  • Poursina v. USCIS

Cases in adjacent profiles