NIW Bearings
dismissedSEP132022_01B52032022-09-13 · 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.

An architect proposed to consult on architectural design and construction projects, including cross-border projects between the U.S. and Latin America/Brazil, and later shifted to establishing her own architecture and design business in Florida.

Field: architecture · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

we conclude that the Petitioner has not identified a specific and consistent proposed endeavor
merely working in an important field is insufficient to establish the national importance of the proposed endeavor
It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims
There is little indication from the evidence provided that the impact of the proposed endeavor would reach the field of architecture or extend beyond the specific locations and parties involved in the architectural projects

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    none of the letters described the proposed endeavor or explained why it has national importance
    AAO decision text
  • other · discounted
    the advisory opinion is of little probative value as it does not meaningfully address the details of the proposed endeavor
    AAO decision text
  • business plan · discounted
    this would not be sufficient to demonstrate that the Petitioner's endeavor impacts the field of architecture as a whole
    AAO decision text
  • other · discounted
    none of the articles discuss the proposed endeavor or establish how the specific proposed endeavor has national importance
    AAO decision text
  • 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 found Petitioner materially changed her proposed endeavor between initial filing (multinational architectural consulting, cross-border US-Brazil projects) and RFE response (own architecture business in Florida), invoking Matter of Michelin Tire Corp. and Matter of Izummi against post-filing material changes; this shift was treated as undermining prong 1 rather than as a separate procedural bar.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of Izummi
  • Matter of L-A-C-
  • Matter of V-K-
  • Poursina v. USCIS

Cases in adjacent profiles