NIW Bearings
dismissedAPR212025_08B52032025-04-21 · 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 urban planner, proposed to start a modular design consulting company aimed at providing cost-effective, sustainable housing and construction solutions, including projects addressing homelessness, healthcare facility sustainability, and disaster relief.

Field: urban planning / modular construction consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner presented an unfocused variety of potential proposed endeavors leaving uncertainty as to his assertions of national level impact
This material discrepancy leaves substantial question as to the actual nature of his proposed endeavor and its potential prospective national impact
the Petitioner did not properly substantiate how these rather limited projections would have a national level impact on a modular construction industry
there is little supporting documentation to support that such a level of financial support would likely be secured to lead to a potential national level impact
the record does not establish that the Petitioner's endeavor has significant potential to employ U.S. workers or has other substantial positive economic effects

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner did not properly substantiate how these rather limited projections would have a national level impact
    AAO decision text
  • recommendation letter · discounted
    there is little supporting documentation to support that such a level of financial support would likely be secured
    AAO decision text
  • resume experience · discounted
    a petitioner's expertise and record of success are considerations under Dhanasar's second prong
    AAO decision text
  • other · discounted
    This material discrepancy leaves substantial question as to the actual nature of 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's proposed endeavors shifted across appeal filings (consulting company, non-profit homeless housing project, healthcare sustainability), and the AAO highlighted a signed full-time job offer as a company's 'Director of Development/Construction' that undermined the credibility of the claimed independent consulting endeavor.

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
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles