NIW Bearings
dismissedOCT242023_02B52032023-10-24 · 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 proposed a shifting mix of activities including working as a general and operations manager, expanding his own consulting company focused on automation/security services for Latin America-U.S. trade, and later also working as a construction manager for house revitalization.

Field: general and operations management / business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner has not identified a specific proposed endeavor
the Petitioner's proposed endeavor involves a variety of divergent and unspecified services, in addition to running his own business
the endeavor's prospective impact and prevents us from determining whether it is of national importance

AAO decision text

Prong 2 — well positionednot established · dispositive

Because the Petitioner has not provided sufficient specific information regarding his proposed endeavor activities, we cannot conclude that he meets either the first or second prong

AAO decision text

How the evidence was treated

  • other · discounted
    extremely broad in scope and vague in detail and overall does not sufficiently establish exactly what you intend to do
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Endeavor too vague · p2described as a job role, not a defined undertaking
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Notable

The AAO first found the appeal dismissible on procedural grounds alone because the Petitioner failed to identify any specific error in the Director's decision per 8 C.F.R. 103.3(a)(1)(v), before separately addressing the merits. The endeavor's shifting and divergent nature (operations manager, entrepreneur, construction manager) was central to both prong 1 and prong 2 failures.

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-
  • Poursina v. USCIS

Cases in adjacent profiles