NIW Bearings
dismissedSEP152021_08B52032021-09-15 · 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 sought to continue working as an in-house legal analyst for multinational companies before launching his own consulting firm advising U.S. and foreign entities on cross-border transactions, international law, tax planning, and foreign direct investment.

Field: international law and business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree (master's in international law).

Prong 1 — national importancenot established · dispositive

he has not sufficiently articulated or documented how his legal analyst and business management activities would broadly impact his field.
the Petitioner does not show that his proposed endeavor stands to sufficiently extend beyond his employer and clientele to impact his field or the nation more broadly at a level commensurate with national importance.
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the U.S. regional or national economy... would reach the level of 'substantial positive economic effects'

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he does not sufficiently identify, analyze, or discuss the nature of the specific work the Petitioner will perform within his prospective endeavor in the United States.
    AAO decision text
  • resume experience · discounted
    The Petitioner's skills and knowledge in his field relate to the second prong of the Dhanasar framework... The issue here is whether the specific endeavor that he proposes to undertake has national importance under Dhanasar's first prong.
    AAO decision text
  • media · discounted
    We acknowledge the articles and opinion pieces provided by the Petitioner that highlight the importance of the international business and legal industries in the United States.
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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

The AAO expressly noted the Petitioner's experience-based arguments (nearly 20 years' career experience, methodology saving millions) were relevant to prong two but not to the national-importance analysis under prong one, which was dispositive.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show his consulting/legal endeavor would extend beyond his employer/clients to impact the field or nation at a level of national importance, lacking economic-impact evidence.

Transferable lesson

Support national importance claims with concrete, quantifiable projections (jobs, revenue, industry-wide impact) rather than generalized assertions about economic ripple effects or shortages.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles