NIW Bearings
dismissedSEP092024_02B52032024-09-09 · 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 a finance manager/finance technologist, helping her employer and other U.S. companies adopt strategies to expand operations, reduce costs, and create jobs.

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

EB-2 threshold — addressed

Director concluded, and AAO did not disturb, that Petitioner qualified as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Moreover, the Petitioner must demonstrate the national importance of her specific proposed endeavor rather than the importance of the industry or profession in which the individual will work.
The Petitioner's claimed extensive experiences are material to Dhanasar 's second prong-whether an individual is well positioned to advance a proposed endeavor-but they are generally immaterial to the first Dhanasar prong
the Petitioner did not demonstrate that her proposed endeavor has broader implications, has significant potential to employ U.S. workers, or that it would broadly enhance societal welfare or cultural or artistic enrichment.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they are generally immaterial to the first Dhanasar prong-whether a specific, prospective, proposed endeavor has both substantial merit and national importance
    AAO decision text
  • resume experience · discounted
    they are misplaced in the context of the first Dhanasar prong
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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
746coded 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 expressly adopted and affirmed the Director's second denial decision under Matter of Burbano rather than conducting fully independent analysis, and declined to reach prongs 2 and 3 as unnecessary given the dispositive prong 1 failure.

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
  • 8 C.F.R. 103.5
  • Chen v. INS
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles