NIW Bearings
dismissedSEP092024_01B52032024-09-09 · 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 to work as an account specialist and insurance agent, later planning to obtain an e-file license, lead accounting-related workshops and seminars, and disseminate accounting knowledge via social media.

Field: accounting/insurance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not demonstrated it rises to the level of national importance.
the services and training the Petitioner plans to provide benefit her employer, clients, and social media viewers.
the alleged shortage of occupations or occupational skills does not render the proposed endeavor nationally important under the Dhanasar framework.
this statement is related to the importance of the general field of accounting and not the Petitioner's specific proposed endeavor to work as an account specialist.
the Petitioner has not demonstrated how her endeavor sufficient extends beyond her employer, clients, and any social media viewers to impact the field or U.S. economy more broadly

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not specify and establish how exactly the Petitioner's individual work will result in broader implications for her field.
    AAO decision text
  • resume experience · discounted
    letters indicate that [the Petitioner] performed well on the job, benefited her employers, and their customers
    AAO decision text

Where this case turned

  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO accepted the Petitioner's reframed endeavor (rejecting the Director's finding of a material change) but still found no national importance, dismissing on prong 1 alone and declining to reach prongs 2 and 3.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles