NIW Bearings
dismissedSEP282023_12B52032023-09-28 · 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 logistician working in supply-chain distribution for a beverage company, proposed to eventually become a director of operations or finances at his current employer or, in the meantime, to apply to other large companies for similar roles involving financial and logistics analysis.

Field: logistics and financial analysis · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not elaborate on any particular position at those alternative companies for which he plans to apply
his focus on how important he may be and, by extension, how important his proposed endeavor may be to his employer and its clients is misplaced
the record does not establish how that correlation indicates a causal connection between the Petitioner's job performance and the other workers' continuing employment

AAO decision text

How the evidence was treated

  • resume experience · discounted
    do not address how the prospective, proposed endeavor may have 'national or even global implications within a particular field'
    AAO decision text
  • other · discounted
    we take administrative notice that the 'large retailers in the United States' referenced by the Petitioner already sold his employer's clients' products
    AAO decision text

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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
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 Petitioner sought classification as an individual of exceptional ability (not advanced-degree track), but both the Director and AAO reserved opinion on threshold EB-2 eligibility, deciding the case solely on Dhanasar prong one. The AAO also rejected a 'zero-sum' economic argument, reasoning that any positive effect claimed for the Petitioner's employer would be offset by an equivalent negative effect on competitors, undermining the claimed national economic benefit.

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.

  • Matter of L-A-C-

Cases in adjacent profiles