NIW Bearings
dismissedAPR082025_01B52032025-04-08 · 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 serve as CEO of a Florida-based financial management/consulting company offering financial advice, resource management, action planning, and business administration services, primarily to small and medium-sized companies.

Field: financial/business management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that the Petitioner qualified as an advanced degree professional based on her bachelor's degree and over five years of progressive post-baccalaureate experience.

Prong 1 — national importancenot established · dispositive

“The Petitioner does not establish that her company's services would extend beyond the SMBs it serves to impact her field more broadly at a level indicative of national importance.”
“This level of employment and profit does not indicate significant potential to employ U.S. workers or a substantial positive economic effect in the management consulting industry”
“Our assessment of national importance does not focus on the importance of national priorities in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."”
“They do not, however, discuss the potential prospective impact of her company.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “This level of employment and profit does not indicate significant potential to employ U.S. workers or a substantial positive economic effect”
    AAO decision text
  • recommendation letter · discounted
    “does not specify, however, how the Petitioner's company's work would extend beyond the individual entities it serves”
    AAO decision text
  • media · discounted
    “These articles attest to the importance of these issues, but do not establish the national importance of the Petitioner's proposed company.”
    AAO decision text
  • resume experience · credited

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO disagreed with the Director's finding that the endeavor lacked substantial merit, crediting the business plan on that point, but still found national importance unestablished and reserved determination on prongs 2 and 3 as unnecessary to the outcome.

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 L-A-C-

Cases in adjacent profiles