NIW Bearings
dismissedOCT182023_06B52032023-10-18 · 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 sought to work as a construction manager for her own new construction and civil engineering services business in Florida, focused on residential and commercial building and renovation.

Field: construction management and civil engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director determined, and the AAO did not disturb, that the Petitioner established eligibility as an advanced degree professional based on a foreign bachelor's equivalent plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“the record did not establish her proposed endeavor has the potential to extend beyond her business and her clients to impact her field of endeavor at a level sufficiently commensurate with national importance”
“The Petitioner has not provided corroborating evidence to support her claims that her business' activities stand to provide substantial economic benefits to Florida or the United States.”
“being an immigrant working in the United States in the construction management field or starting a construction and civil engineering services business is insufficient to establish the national importance of the proposed endeavor”
“Instead of focusing on the Petitioner's specific proposed endeavor having a prospective impact in the field of construction management, the opinion focuses on the importance of the construction industry”
“Even if we were to assume everything the Petitioner claims will happen, the record lacks evidence showing that creating four direct jobs and 70 indirect job... rises to the level of national importance.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “The record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
    AAO decision text
  • recommendation letter · discounted
    “The submission of letters from experts supporting the petition is not presumptive evidence of eligibility.”
    AAO decision text
  • media · discounted
    “The articles submitted do not discuss any projected economic impact specifically attributable to the Petitioner's proposed endeavor.”
    AAO decision text
  • resume experience · discounted
    “Her professional knowledge and experience relate to the second prong of the Dhanasar framework.”
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The AAO faulted the Director for not analyzing the third Dhanasar prong despite finding against the Petitioner there, but found the first-prong national importance failure alone dispositive and declined to reach prongs two and three.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

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