NIW Bearings
dismissedOCT132023_05B52032023-10-13 · 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 educator, proposed to develop and disseminate early childhood development strategies using project-based learning, including creating a 'skills development center' for children ages 5-12 and promoting her methods through a website, presentations, and conferences.

Field: early childhood education / project-based learning · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional based on bachelor's degree plus five years progressive experience; AAO did not disturb this and did not reach it further since appeal was dismissed on other grounds.

Prong 1 — national importancenot established · dispositive

this statement is not specific or detailed enough for us to assess the potential prospect impact of it in the abstract
these articles provide background about the project-based learning approach and help establish the importance of early learning, but this relates only to the field of education and not to the Petitioner's specific proposed endeavor
the Petitioner did not provide evidence to support this claim

AAO decision text

How the evidence was treated

  • other · discounted
    this relates only to the field of education and not to the Petitioner's specific proposed endeavor
    AAO decision text
  • business plan · discounted
    the Petitioner did not provide evidence to support this claim
    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

Petitioner argued the Director mischaracterized her endeavor by conflating it with classroom teaching (distinguishing from the teaching endeavor in Dhanasar itself) and argued that showing potential to employ U.S. workers is illustrative, not required, for national importance; AAO agreed with the legal point but found it did not overcome the overall lack of specificity in the endeavor's national importance. Petitioner also cited a non-binding district court case (Buletini v. INS) regarding failure to consider evidence, which AAO rejected as non-precedential.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles