NIW Bearings
dismissedAPR242025_01B52032025-04-24 · appeal

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 operate a contact center and telemarketing services company through her LLC, offering outsourcing solutions such as customer inquiry, call, email, and chat support, including to federal government clients.

Field: contact center / telemarketing services · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined and AAO agreed Petitioner qualified as an advanced degree professional; not contested on appeal.

Prong 1 — national importancenot established · dispositive

SCOPS determined the Petitioner did not establish that her work would extend beyond her company and its clients to impact her field more broadly at a level commensurate with national importance.
The Petitioner submitted articles that discuss these issues, but do not address her specific proposed endeavor.
Our assessment of national importance does not focus on the importance of a field or related issues in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."
These projections do not indicate that the Petitioner's company has significant potential to employ U.S. workers or would have other substantial positive economic effects commensurate with national importance.
However, the record does not establish that any of these services are unique, innovative, or otherwise have national or global implications in the call center industry.
While relevant to the Petitioner's work, these articles do not discuss her proposed endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    These projections do not indicate that the Petitioner's company has significant potential to employ U.S. workers or would have other substantial positive economic effects commensurate with national importance.
    AAO decision text
  • media · discounted
    these articles do not discuss her 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
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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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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
  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles