NIW Bearings
dismissedAPR192021_09B52032021-04-19 · 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 sought to expand two Florida companies he founded, one providing technical/consulting services to the architecture and construction industry and one focused on real estate investment and development.

Field: real estate investment and construction/architecture consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his companies, business partnerships, and clientele to impact his field or the U.S. real estate industry more broadly
he has not shown that his two companies' future staffing levels and business activity stand to provide substantial economic benefits in Florida or the United States
the Petitioner, however, does not adequately explain how these revenue forecasts were calculated
he has not offered sufficient evidence that the area where his companies will operate is economically depressed

AAO decision text

How the evidence was treated

  • business plan · discounted
    he does not adequately explain how these revenue forecasts were calculated
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the field, industry, or profession in which the individual will work
    AAO decision text
  • resume experience · discounted
    The Petitioner's experience in his field relates to the second prong of the Dhanasar framework
    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 explicitly frames its national-importance finding as an independent and alternate basis, though it declines to reach prongs 2 and 3 on 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.

  • Poursina v. USCIS

Cases in adjacent profiles