NIW Bearings
dismissedNOV142023_03B52032023-11-14 · 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, a clean petroleum products trader with experience in gasoline blending and business development, proposed to continue working in this capacity in the U.S. oil and gas industry, either with his current employer or another company.

Field: oil and gas / clean petroleum products trading · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that Petitioner qualifies as an advanced degree professional based on his baccalaureate degree and over five years of progressive post-baccalaureate work experience.

Prong 1 — national importancenot established · dispositive

the Director determined that the potential benefits of the proposed endeavor had not been shown to reach beyond the Petitioner's employer and its clients
a petitioner cannot rely solely upon the national importance of the particular field or industry in which they work to demonstrate that their proposed endeavor meets the requirements of this prong
he also cannot rely on the cumulative effect of all workers in the same profession
these assertions regarding his direct impact on job creation are not supported by the evidence
we conclude that the Petitioner has not established that his proposed endeavor is of national importance

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not suggest that his specific proposed endeavor will directly or substantially impact the hiring or retention of workers
    AAO decision text
  • other · discounted
    these statements relate to his skills and record of success in similar efforts, factors which are considered when evaluating a petitioner's positioning to advance their proposed endeavor under the second prong
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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

AAO emphasizes that Petitioner cannot rely on cumulative industry-wide importance ('as a group, clean products traders are critical to the industry') to establish national importance of his specific endeavor, reinforcing the Dhanasar STEM-teacher analogy.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show his specific trading role had impact beyond his employer and its clients; reliance on industry-wide or cumulative-profession importance was rejected under Dhanasar prong one.

Transferable lesson

Distinguish the specific proposed endeavor from the general industry; provide concrete, endeavor-specific evidence of broader impact, not just personal expertise or field-wide significance.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles