NIW Bearings
dismissedNOV282023_07B52032023-11-28 · 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, an IT project manager, proposed to continue working as an IT project manager in the U.S., implementing systems, agile methodologies, and information security strategies for companies of various sizes.

Field: information technology project management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the proposed endeavor appears to benefit the Petitioner's employer and its clients; however, it does not appear to have broader implications or substantial positive economic effects indicative of national importance.
the record does not establish with specific, probative information how the Petitioner's information technology project management endeavor would have broader implications beyond his employer's and its clients' profit, customer service, and data security, etc.
the record does not establish with probative information the types ofjobs his endeavor may create, the number of workers his endeavor may cause to be employed
in determining national importance, the relevant question is not the importance of the industry, field, or profession in which an individual will work

AAO decision text

How the evidence was treated

  • resume experience · discounted
    references to his prior employment experience, qualifications, and past contributions and achievements are misplaced in the context of the first Dhanasar prong
    AAO decision text
  • other · discounted
    references to the demand for information systems managers, and the benefits of information technology management are misplaced
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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

The Petitioner submitted a 'professional plan' prepared after the filing date in response to the RFE, which the AAO did not separately fault as untimely but treated within the merits analysis.

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-

Cases in adjacent profiles