NIW Bearings
dismissedJUL232024_05B52032024-07-23 · 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 run a mediation and conflict-resolution project/consultancy in U.S. schools, having students write texts on peacebuilding topics displayed via phone-projection to promote conflict resolution among youth.

Field: conflict resolution / mediation in education · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director acknowledged, and AAO did not disturb, that the Petitioner qualified as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

However, these letters discuss the importance of confliction resolution rather than focusing on the national importance of the Petitioner's specific, proposed endeavor.
The record does not show through supporting documentation how his endeavor sufficiently extends beyond his prospective employer or clients, to impact the field or the U.S. economy more broadly at a level commensurate with national importance.
Finally, the Petitioner did not show how his endeavor involving conflict resolution services has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for our nation.
Here, the Petitioner did not demonstrate how his services largely influence the field and rise to the level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    these letters discuss the importance of confliction resolution rather than focusing on the national importance of the Petitioner's specific, proposed endeavor
    AAO decision text
  • business plan · ignored
  • other · discounted
    The Petitioner's arguments and evidence relate to the substantial merit aspect of the proposed endeavor rather than the national importance part.
    AAO decision text
  • degree · credited

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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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 found the Director's mischaracterization of the endeavor as 'Consultant in the Field of Healthcare' to be harmless error since the Director substantively addressed the actual conflict-resolution endeavor; substantial merit was conceded/credited but national importance failed, disposing of the case at 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.

  • 8 C.F.R. 103.3
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles