NIW Bearings
dismissedAPR072025_01B52032025-04-07 · 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 proposed to operate a chain of pharmacies, beginning in Virginia and expanding to Maryland, offering low-cost prescription medicines to underserved communities while serving as the company's general manager and pharmacy chief.

Field: pharmacy/retail pharmacy business · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her company ... and its clientele to impact the pharmaceutical industry or the U.S. economy more broadly at a level commensurate with national importance.
the record does not establish the actual location where any of the Petitioner's pharmacy stores would operate, which precludes a determination of whether the proposed endeavor would operate in an economically depressed area
the plan does not clarify the number of employees in a given year who would have any particular job title, what the duties of the workers in those positions would be
the industry reports and articles in the record...do not discuss the Petitioner, the specific endeavor she proposes to undertake, and how the proposed endeavor may have the type of broader implications indicative of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the plan does not clarify the number of employees in a given year who would have any particular job title
    AAO decision text
  • other · discounted
    do not discuss the Petitioner, the specific endeavor she proposes to undertake, and how the proposed endeavor may have the type of broader implications indicative of national importance
    AAO decision text
  • resume experience · discounted
    they do not inform how the specific endeavor she proposes to undertake may have broader implications indicative of national importance
    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 used publicly available state corporate registry and SBA HUBZone mapping tools to contradict the Petitioner's factual assertion that her business was located in a HUBZone, finding the discrepancy cast doubt on the veracity of her statements generally, citing Matter of Ho on credibility spillover.

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
  • INA 203(b)(2)
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles