NIW Bearings
dismissedJUN212024_03B52032024-06-21 · 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, an agricultural engineer, proposed a project to strengthen soft skills and social capital based on biblical values among Latin immigrant Christian communities in rural and peri-urban U.S. areas, including conducting twelve training workshops for trainers.

Field: agricultural engineering / ethics and values training · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Without independent evidence to support her claim, the Petitioner has not demonstrated that her specific proposed endeavor has significant potential to employ U.S. workers
Here, none of the articles mention the Petitioner or her plan, or otherwise address the potential prospective impact of her proposed endeavor.
The Petitioner does not specify how she would reach 70,000 people initially through her proposed twelve training workshops or other means
the Petitioner has not established that her proposed endeavor would sufficiently extend beyond her individual trainees to impact the field of soft skills and social capital more broadly at a level commensurate with national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    Subsequent material changes to a petition cannot be considered.
    AAO decision text
  • recommendation letter · discounted
    did not specifically address the Petitioner's proposed endeavor or any broader implications of the Petitioner's work in her field
    AAO decision text
  • media · discounted
    none of the articles mention the Petitioner or her plan, or otherwise address the potential prospective impact of her proposed endeavor
    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
  • 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

The Petitioner submitted a substantially revised 'personal plan' in response to the RFE, changing target groups, partners, and methods from a faith-based soft-skills project to an agricultural-ethics initiative; AAO treated this as an impermissible material change under Matter of Izummi and evaluated eligibility only under the original, less-developed plan.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles