NIW Bearings
dismissedMAR162023_01B52032023-03-16 · 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 Beneficiary, a youth soccer coach employed by a soccer development academy, sought to coach and train youth players, develop training curricula, and recruit and train coaching staff, with the stated goal of producing players who could compete internationally and for the U.S. National Team.

Field: youth soccer coaching · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the work of a single soccer coach is too attenuated to more broadly affect the field.
this does not by itself establish that his coaching activities will have national or global implications within the field of soccer.
these numbers are not in context with the overall number of athletes coached by the Beneficiary, athletes in the MLS academy system, or athletes playing at the collegiate level.
this information reflects that these efforts will reach only the coaches within the Petitioner's own organization, rather than having the potential to reach coaches at a level that would result in a broad impact
In determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work
this is primarily an impact on those individual players and coaches.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the recommendation letters carry persuasive weight, for the reasons stated above, we conclude that they do not establish that the proposed endeavor has national importance
    AAO decision text
  • media · discounted
    this evidence speaks to the soccer industry overall and to the substantial merit of the proposed endeavor
    AAO decision text
  • other · discounted
    they do not sufficiently establish the potential for his endeavor to have a broad impact on the field of soccer
    AAO decision text

Where this case turned

  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

AAO expressly separates the second-prong-type evidence (coaching skill, record of success) from the first-prong national importance analysis, noting that strong letters about the Beneficiary's coaching ability do not establish that his specific endeavor has national scope; also notes the U.S. Soccer Development Academy referenced in the record appears to have ceased operations before filing.

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

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