NIW Bearings
dismissedOCT312024_05B52032024-10-31 · 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 petroleum engineer, sought to develop and operate a web-based educational technology platform offering courses to train and upskill workers in the energy industry (including the shift to clean energy).

Field: petroleum engineering / energy education technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“he did not demonstrate how his educational platform would largely influence the field and rise to the level of national importance”
“the relevant question is not the importance of the field, industry, or profession in which a petitioner may work”
“the alleged shortage of occupations or occupational skills does not render his proposed endeavor nationally important under the Dhanasar framework”
“the Petitioner did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects"”
“the plan lacked supporting evidence to corroborate the assertions and figures”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “he did not demonstrate how his educational platform would largely influence the field and rise to the level of national importance”
    AAO decision text
  • other · discounted
    “the matter here is not whether these initiatives...are nationally important”
    AAO decision text
  • contract revenue · discounted
    “the plan lacked supporting evidence to corroborate the assertions and figures”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO cites Flores v. Garland (5th Cir. 2023) to reaffirm that NIW grant/denial is a discretionary decision, joining other circuits on this point.

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
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-

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