NIW Bearings
dismissedJUN202024_01B52032024-06-20 · 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 operate an educational consultancy business in Florida, providing teacher certifications and trainings aimed at improving educational processes and outcomes.

Field: education/teacher training and certification · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that the Petitioner qualifies as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry, field, or profession in which an individual will work
The evidence does not establish that the Petitioner's specific proposed endeavor-to establish a consultancy business-has the potential to impact the issue of teacher shortages or improve the educational system at a level commensurate with national importance.
The record also lacks sufficient evidence to establish the claimed positive economic benefits of the proposed endeavor.

AAO decision text

How the evidence was treated

  • other · discounted
    the relevant question is not the importance of the industry, field, or profession in which an individual will 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
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 argued on appeal that the Director mischaracterized the endeavor as merely 'working as an educator' rather than establishing a consultancy business; the AAO rejected this characterization argument and found the record failed regardless. AAO expressly reserved opinion on prongs 2 and 3, citing Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues.

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
  • Matter of L-A-C-

Cases in adjacent profiles