NIW Bearings
dismissedOCT022023_01B52032023-10-02 · 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.

As VP of Marketing and Communication for a company providing automation solutions for the apparel, textile, and furniture industries, the Petitioner leads marketing strategy, promotes existing digital/automation technologies to customers, and previously coordinated a company PPE task force during COVID-19.

Field: marketing/automation solutions for apparel and textile industries · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

we conclude the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her employer or its customer base to impact her field or the U. S. textile industry more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S . workers or otherwise offers substantial positive economic effects for our nation
The issue here, however, is not the importance of technological advancements in general or the industry in which she will work
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not contain sufficient information and explanation, nor does the record include adequate corroborating evidence, to show...national importance
    AAO decision text
  • resume experience · discounted
    relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • other · discounted
    the issue here is not the importance of technological advancements in general or the industry in which she will work
    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
  • 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 withdrew the Director's finding on substantial merit (crediting it) but still found national importance unmet under prong 1; deemed prongs 1 and 2 abandoned on appeal for lack of direct challenge, yet nonetheless substantively addressed prong 1's national importance component and found it dispositive; prong 3 expressly reserved.

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles