NIW Bearings
dismissedOCT022023_02B52032023-10-02 · 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, a data/business analyst currently employed as a Business Analyst, proposed to continue working in data analytics while also founding a consultancy in Seattle to help small businesses and startups use data analytics to improve marketing and competitiveness.

Field: data and business analytics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed 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 her future company and its clientele
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.
she has not presented evidence indicating that the benefits to the regional or national economy resulting from her undertaking would reach the level of "substantial positive economic effects"
The issue here, however, is not the national importance of the field, industry, or profession in which the individual will work
she did not elaborate on these projections or provide evidence supporting the need for these additional employees.

AAO decision text

How the evidence was treated

  • business plan · discounted
    she did not adequately explain how these sales forecasts were calculated.
    AAO decision text
  • recommendation letter · discounted
    does not contain sufficient information and explanation... to show that the Petitioner's specific proposed work... offers broader implications
    AAO decision text
  • other · discounted
    shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.
    AAO decision text
  • other · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The Petitioner's proposed endeavor combined continued employment as a Business Analyst with a separate speculative consultancy business plan; the AAO treated both as part of a single unestablished endeavor for national-importance purposes and declined to reach prongs two and three as the first prong was dispositive.

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