NIW Bearings
dismissedOCT312022_03B52032022-10-31 · 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, a university journalism professor, proposed a two-phase endeavor: first providing communication/media strategy consulting to businesses, then using proceeds to create an Audiovisual Training Center in Texas to train Hispanic students in radio journalism, production, and entrepreneurship.

Field: radio journalism / audiovisual training and communications · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO did not disturb that Petitioner qualifies as advanced degree professional; AAO used EDGE database to confirm foreign master's degree equivalency despite missing formal equivalency evaluation.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her trainers, teachers, students or trainees to impact the field of radio journalism more broadly
The Petitioner does not explain the relevance of these printouts to her proposed endeavor.
she has not shown that her training activities stand to provide substantial economic benefits in the United States
this data is not specific to the geographic area of her proposed endeavor, nor does it clearly correlate to the specific field of training

AAO decision text

How the evidence was treated

  • other · discounted
    The Petitioner does not explain the relevance of these printouts to her proposed endeavor.
    AAO decision text
  • other · discounted
    we cannot determine the relevance of these exhibits to the proposed endeavor
    AAO decision text
  • recommendation letter · ignored
  • degree · credited

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
  • 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 substantial-merit finding but affirmed on national importance alone; also independently verified the foreign degree equivalency via EDGE database despite Petitioner's failure to submit a formal equivalency evaluation, while cautioning she must cure this deficiency in future filings. Untranslated Spanish-language exhibits and data postdating the filing date were also discounted.

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)(3)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles