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NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Civil / Structural Engineering
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
The AAO found the Petitioner failed to demonstrate national importance because: (1) he made material changes to his business plan between the initial filing and RFE response, which adversely impacted his eligibility; (2) his evidence focused on the broad construction/engineering industry rather than his specific endeavor; and (3) he failed to show substantial positive economic effects or significant potential to employ U.S.…
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The AAO found the Petitioner failed to demonstrate national importance because: (1) he made material changes to his business plan between the initial filing and RFE response, which adversely impacted his eligibility; (2) his evidence focused on the broad construction/engineering industry rather than his specific endeavor; and (3) he failed to show substantial positive economic effects or significant potential to employ U.S. workers beyond incremental or nominal impacts.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_05_B5203; source_row=36702 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the proposed endeavor has substantial merit but found the Petitioner failed to demonstrate national importance, as the impact does not extend beyond immediate students and customers and lacks evidence of substantial positive economic effects or significant U.S. job creation.
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AAO agreed the proposed endeavor has substantial merit but found the Petitioner failed to demonstrate national importance, as the impact does not extend beyond immediate students and customers and lacks evidence of substantial positive economic effects or significant U.S. job creation.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_02_B5203; source_row=36685 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
comparable evidence under 8 C.F.R. § 204.5(k)(3)(iii)
Why AAO was not persuaded
AAO declined to consider comparable evidence because the Petitioner did not claim or show that the six standard criteria do not readily apply to his occupation, and several submissions had no apparent relation to his intended occupation.
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AAO declined to consider comparable evidence because the Petitioner did not claim or show that the six standard criteria do not readily apply to his occupation, and several submissions had no apparent relation to his intended occupation.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_04_B5203; source_row=36697 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or remuneration
Why AAO was not persuaded
AAO found the comparison-wage screen captures lacked a stated time interval, source, and date; were internally inconsistent; and the tax return did not identify the source of the Petitioner's income, leaving him unable to attribute earnings to claimed exceptional ability.
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AAO found the comparison-wage screen captures lacked a stated time interval, source, and date; were internally inconsistent; and the tax return did not identify the source of the Petitioner's income, leaving him unable to attribute earnings to claimed exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_04_B5203; source_row=36694 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO held the Petitioner did not establish that the American Management Association restricts its membership to professionals as defined in the regulation, and he showed no evidence that a bachelor's degree is required to manage his type of automobile business.
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AAO held the Petitioner did not establish that the American Management Association restricts its membership to professionals as defined in the regulation, and he showed no evidence that a bachelor's degree is required to manage his type of automobile business.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_04_B5203; source_row=36695 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO adopted and affirmed the Director's determination that the proposed endeavor lacks national importance. AAO found the Director provided adequate analysis and that any failure to discuss every document did not prejudice the Petitioner, as she did not demonstrate those omitted materials would have changed the outcome.
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AAO adopted and affirmed the Director's determination that the proposed endeavor lacks national importance. AAO found the Director provided adequate analysis and that any failure to discuss every document did not prejudice the Petitioner, as she did not demonstrate those omitted materials would have changed the outcome.
Exact record locator: findings_long.parquet filename_stem=2024-03-29_06_B5203; source_row=36705 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c