NIW Bearings
dismissedAPR162025_04B52032025-04-16 · appeal · Nebraska 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 a financial planner and analyst operating his own financial consulting company focused on providing budgeting, forecasting, and compliance services to small and medium-sized enterprises.

Field: financial planning and analysis · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO did not dispute, that Petitioner qualified as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which a petitioner may work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."
the case studies establish the substantial merit of the Petitioner's endeavor, not its broader impact.
the business plan does not provide sufficient explanation for the basis of these employment projections, nor does it explain the basis for the financial projections.
the Petitioner has not shown that these "ripple effects," which are oftentimes significantly attenuated and unconnected with a particular endeavor, establish that his endeavor will result in "substantial economic effects"
Generalized conclusory statements that do not identify a specific impact in the field have little probative value.

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, nor does it explain the basis for the financial projections
    AAO decision text
  • recommendation letter · discounted
    they do not establish the national importance of his endeavor, as they primarily focus on the Petitioner's expertise without addressing the prospective impact
    AAO decision text
  • other · discounted
    the industry or customer base a petitioner will serve alone is not sufficient to establish national importance
    AAO decision text
  • contract revenue · discounted
    even if the endeavor's revenue and job creation projections were sufficiently explained, they do not establish that his company would operate on a scale rising to the level 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
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Notable

AAO noted as an independent basis for dismissal that Petitioner failed to identify any specific error in the Director's decision, merely disagreeing generally, citing Matter of Valencia; nonetheless proceeded to address the merits.

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

Cases in adjacent profiles