NIW Bearings
dismissedSEP152021_10B52032021-09-15 · 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, a supply chain management professional with a Brazilian business degree and years of logistics/operations experience, proposed to continue working as an SCM manager for U.S. companies, potentially also teaching SCM as a professor.

Field: supply chain management · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found the record demonstrates the Petitioner qualifies as a member of the professions holding an advanced degree or its equivalent based on his bachelor's degree and five years of progressive experience; not disputed.

Prong 1 — national importancenot established · dispositive

“he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”
“he has not sufficiently articulated or documented how his building maintenance and consultant activities would impact his field, beyond providing services to his own clients”
“does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and clientele”
“the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers”
“the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's projects would reach”
“We acknowledge the articles, reports, and opinion pieces provided by the Petitioner that highlight the importance of the SCM management field in the United States”

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”
    AAO decision text
  • resume experience · discounted
    “are considerations under Dhanasar's second prong, which 'shifts the focus from the proposed endeavor to the foreign national.'”
    AAO decision text
  • degree · credited
  • media · discounted
    “We acknowledge the articles, reports, and opinion pieces provided by the Petitioner that highlight the importance of the SCM management field”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • 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
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The decision expressly distinguishes prong-two-type evidence (skills, experience, consulting record) from prong-one national-importance analysis, emphasizing that such evidence is misplaced when offered to show importance rather than positioning; also relies on Dhanasar's own teaching-activity example as a direct analogy for rejecting the endeavor's national scope.

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

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