NIW Bearings
dismissedAUG062021_02B52032021-08-06 · 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 a dual-faceted endeavor combining ICT regulatory/compliance consulting and entrepreneurship (including starting a wireless product and equipment testing laboratory) with part-time teaching and STEM training for underserved youth.

Field: information and communications technology (ICT) regulatory compliance · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as advanced degree professional based on AACRAO EDGE database equivalency; AAO did not disturb this finding despite lack of formal equivalency evaluation.

Prong 1 — national importancenot established · dispositive

As the record remains unclear as to how he will allocate his time, we conclude that he has not adequately identified his proposed endeavor
The record does not show that the Petitioner's proposed endeavor stands to extend beyond his own clients and students such that it wou Id impact the field or industry, the State of Louisiana, or the nation more broadly.
he has offered no analysis or numerical breakdowns to substantiate how his work is tied to increased positive economic activity or market expansion
Many authors appear to assume that because the Petitioner's work benefitted his individual employers and clients, that these benefits accrue to the nation or the field as a whole.
the letter does not support a finding that the Petitioner's work had a pioneering impact on the field
we conclude that while these endeavors do have substantial merit, the record does not establish by a preponderance of the evidence that they would impact the field of ICT

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Most of the authors focus on the Petitioner's past work and appear to have little knowledge concerning his proposed endeavor.
    AAO decision text
  • business plan · discounted
    he has not provided sufficient evidence to substantiate them
    AAO decision text
  • citations publications · discounted
    We have insufficient evidence of the Petitioner's citation record at the time of filing the petition.
    AAO decision text
  • degree · credited
  • other · discounted
    these reports and articles are insufficient to substantiate the Petitioner's claims concerning the national importance of his proposed endeavor because they do not speak to the specific impact of the Petitioner's work
    AAO decision text

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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Petitioner held three concurrent positions (two Nigerian companies plus part-time professorships at two universities) while pursuing a PhD, and AAO found the endeavor inadequately identified due to unclear time allocation across these roles, a threshold problem under Dhanasar's requirement to identify 'the specific endeavor.' AAO also noted, in dicta, that the Petitioner failed to comply with 8 C.F.R. 204.5(k)(3)(i)(A) equivalency evaluation requirements but declined to disturb the Director's favorable threshold finding.

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 L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to define a specific endeavor with clear time allocation and failed to substantiate that any economic, educational, or health impacts extended beyond his own clients/students to national scale.

Transferable lesson

Define one concrete endeavor with clear time commitments, and support national-importance claims with quantified, endeavor-specific data—not generic industry importance or personal-praise letters.

Endeavor framing

vague

National-importance theory

economic_job_creation · us_competitiveness · economic_growth_generic · public_health · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles