NIW Bearings
dismissedAPR052024_02B52032024-04-05 · 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 sought to work as CEO of his own company providing financial and international business consulting services to help small and medium-sized businesses expand into international markets, and to develop a free entrepreneurship training program for single mothers.

Field: finance and international business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner qualified as an advanced degree professional (finance and international business); this element was conceded.

Prong 1 — national importancenot established · dispositive

does not sufficiently establish that the [Petitioner]'s proposed endeavor is of national importance
the record lacks evidence showing how such services will likely impact the field nationally or how the potential prospective impact has national implications within the field
merely working in an important area of the economy is insufficient to establish the national importance of the proposed endeavor
The Petitioner has not sufficiently demonstrated that RIMS II' s broad category of "Management Consulting Services Industry in Florida" properly captures the potential impact of his proposed endeavor
he has not specified how many jobs were created or shown that the level of job creation confirms the national importance of his proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record lacks evidence showing how such services will likely impact the field nationally
    AAO decision text
  • recommendation letter · discounted
    statements and evidence relating to his qualifications do not establish that his proposed endeavor satisfies the first prong
    AAO decision text
  • contract revenue · discounted
    does not indicate that the business had pay any salaries or wages to, or had hired, any employees
    AAO decision text
  • other · discounted
    he has not shown that general statistics on a broad category of economic activities confirms the national importance of his proposed endeavor
    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
  • Local, not national scope · p1impact confined to clients / a region
1,312coded 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 expressly declines to reach prongs 2 and 3, treating prong 1 national importance failure as fully dispositive; cites RIMS II economic multiplier rejection as insufficiently tailored to the specific endeavor.

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

Cases in adjacent profiles