NIW Bearings
dismissedSEP022021_01B52032021-09-02 · 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 financial manager, proposed to provide expert financial services to U.S. individuals and companies, including work as an independent contractor for a financial company and consulting to expand his client base.

Field: financial services / finance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong”
“he does not offer sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”
“Without evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer(s) and clients to impact the industry more broadly”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong”
    AAO decision text
  • other · discounted
    “to evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement, we look to evidence documenting the potential prospective impact of his work, not the importance or economic benefits of his industry”
    AAO decision text

Where this case turned

  • 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
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Notable

AAO expressly adopts and affirms the Director's decision under the Matter of P. Singh/Burbano rubric rather than conducting fully independent analysis, while still providing its own supplemental reasoning on national importance.

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.

  • Chen v. INS
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

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