NIW Bearings
dismissedJAN112022_01B52032022-01-11 · appeal · Nebraska 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, an admissions and marketing director at a university, proposed to continue recruiting and enrolling international students, framing this as benefiting U.S. higher education institutions' economy and preserving jobs.

Field: college admissions and marketing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we conclude the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his university and its future students to impact the field or the U.S . economy more broadly
the relevant question is not the importance of the field, industry, or profession in which the individual will work
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 resulting from the Petitioner' s admissions and marketing projects would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not address the national importance of his proposed endeavor
    AAO decision text
  • media · discounted
  • resume experience · discounted
    relate to the second prong of the Dhanasar framework
    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
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 explicitly distinguishes field importance (student enrollment/higher-ed economy) from the specific endeavor, and treats numerous personal testimonial letters from former students as relevant only to prong 2, not prong 1.

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

Cases in adjacent profiles