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While the Director correctly issued a NOIR before revoking, the NOIR improperly limited the Petitioner's response options. The USCIS Policy Manual allows a petitioner to respond to a NOIR by paying the correct fee amount or demonstrating that USCIS made an error, neither of which was offered to this Petitioner. The revocation was therefore procedurally defective.
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While the Director correctly issued a NOIR before revoking, the NOIR improperly limited the Petitioner's response options. The USCIS Policy Manual allows a petitioner to respond to a NOIR by paying the correct fee amount or demonstrating that USCIS made an error, neither of which was offered to this Petitioner. The revocation was therefore procedurally defective.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_07_B5203; source_row=39474 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
Why AAO was not persuaded
AAO withdrew the Director's favorable finding because the record does not show that membership in either organization requires a baccalaureate degree, so they are not 'professional associations' within the meaning of the regulation.
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AAO withdrew the Director's favorable finding because the record does not show that membership in either organization requires a baccalaureate degree, so they are not 'professional associations' within the meaning of the regulation.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_02_B5203; source_row=39456 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Recognition for achievements and significant contributions to the field (8 C.F.R. § 204.5(k)(3)(ii)(F))
Why AAO was not persuaded
The letters and awards show personal golfing achievements but do not establish significant contributions to the sport or industry. The Petitioner's LLC was organized after the petition was filed and cannot be considered, and the regulation requires both achievements and significant contributions.
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The letters and awards show personal golfing achievements but do not establish significant contributions to the sport or industry. The Petitioner's LLC was organized after the petition was filed and cannot be considered, and the regulation requires both achievements and significant contributions.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_02_B5203; source_row=39457 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ten years of full-time experience in the occupation (8 C.F.R. § 204.5(k)(3)(ii)(B))
Why AAO was not persuaded
None of the submitted letters were from employers, and none indicated she had been employed as a golf entrepreneur. Letters describing her work with younger golfers did not show employment in a related capacity.
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None of the submitted letters were from employers, and none indicated she had been employed as a golf entrepreneur. Letters describing her work with younger golfers did not show employment in a related capacity.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_02_B5203; source_row=39455 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Academic record of degree, diploma, certificate or similar award (8 C.F.R. § 204.5(k)(3)(ii)(A))
Why AAO was not persuaded
The WGCA and NCAA are athletic associations, not institutions of learning, and the Petitioner did not submit an official academic record from any institution of learning.
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The WGCA and NCAA are athletic associations, not institutions of learning, and the Petitioner did not submit an official academic record from any institution of learning.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_02_B5203; source_row=39454 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Economics
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found the Petitioner's business plan projections ($3.5 million revenue, 24 jobs over five years) insufficient to demonstrate national or regionally significant economic impact, that the Petitioner's claims were conclusory and unsupported by independent objective evidence, and that no sufficient evidentiary tie was established between the proposed consulting services and the claimed national economic results.
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AAO found the Petitioner's business plan projections ($3.5 million revenue, 24 jobs over five years) insufficient to demonstrate national or regionally significant economic impact, that the Petitioner's claims were conclusory and unsupported by independent objective evidence, and that no sufficient evidentiary tie was established between the proposed consulting services and the claimed national economic results.
Exact record locator: findings_long.parquet filename_stem=2024-07-30_16_B5203; source_row=39496 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c