NIW Bearings
dismissedAPR022025_07B52032025-04-02 · 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 intended to operate her own HR consulting company providing talent acquisition, employee training, HR strategy development, and organizational consulting services to U.S. businesses.

Field: human resources consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner's claims on appeal primarily rely on the importance of the human resources and consulting industries, rather than the prospective impact directly attributable to her specific endeavor.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her potential customers to impact the field more broadly
the letter does not establish how the Petitioner's specific endeavor would broadly impact the field or otherwise lead to substantial economic effects as claimed
the Petitioner has not demonstrated how the economic activity directly resulting from her company and its operations would rise to the level of national importance
the business plan does not provide sufficient explanation for the basis of these employment projections

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these employment projections
    AAO decision text
  • recommendation letter · discounted
    the letter does not establish how the Petitioner's specific endeavor would broadly impact the field
    AAO decision text
  • motion resubmission · ignored
  • other · discounted
    Generalized conclusory statements that do not identify a specific impact in the field have little probative value.
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO noted an unexplained discrepancy between payroll figures stated in the business plan narrative ($1,489,781) versus the profit-and-loss statement ($1,331,728), using this internal inconsistency to further discount the financial projections.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-

Cases in adjacent profiles