NIW Bearings
dismissedAPR172023_05B52032023-04-17 · 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, an Argentine professor of economics, proposed to work in the United States as a 'special business consultant' assisting small and medium-sized Latino-owned businesses to move from an 'embryonic' to a 'mature' stage using training techniques, programs, and restructuring methods.

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

Prong 1 — national importancenot established · dispositive

the Petitioner has not sufficiently articulated what his proposed endeavor would be in the United States
The Petitioner provided vague and varying statements related to his proposed endeavor.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele
The Petitioner has also not demonstrated that the endeavor he proposes to undertake has significant potential to employ U.S. workers
the Petitioner mentioned a proposed company one time on the record, but did not detail its future staffing levels, business activity, and tax revenue

AAO decision text

How the evidence was treated

  • business plan · discounted
    provided little detail and documentation regarding this proposed new business, its specific plans, staffing levels, or other such probative information
    AAO decision text
  • other · discounted
    provided vague and varying statements related to 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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The Petitioner ambiguously described both an employment role ('special business consultant') and, elsewhere, a self-owned consulting company, but the AAO found this inconsistency contributed to the vagueness of the endeavor. All analysis was resolved on prong 1 alone; prongs 2 and 3 were expressly reserved.

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.

  • Matter of Ho
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles