NIW Bearings
dismissedAPR172023_01B52032023-04-17 · 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, a financial advisor, proposed to open his own wealth management brokerage firm in Florida, aiming to bring foreign (Eastern European) client investments into U.S. accounts and to serve local clients in a claimed economically depressed area.

Field: financial advisory / wealth management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The record, however, does not establish that the Petitioner's role as a financial broker will have a broad impact of national importance.
He has not provided data or studies establishing that the location of his proposed endeavor is an economically depressed area and how specific investments would impact the region.
the record here does not establish that the Petitioner's role as an investment broker would impact the industry more broadly, as opposed to being limited to the employees at his firm.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    opinion letters endorsing the Petitioner's qualifications did not establish the national importance of his endeavor
    AAO decision text
  • business plan · discounted
    The Petitioner has not provided sufficient documentation to demonstrate that his specific proposed endeavor has significant potential to employ U.S. workers
    AAO decision text
  • motion resubmission · discounted
    the information in the article did not demonstrate the prospective national importance of the 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
  • 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 cited Matter of Katigbak to reject reliance on a COVID-19 pandemic reference raised in the RFE response, since eligibility must be established as of the priority date. The decision also traces a full procedural history including a prior combined motion to reopen/reconsider dismissed by the Director for lack of new facts or law/policy error before reaching the AAO on appeal.

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. 103.5
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles