NIW Bearings
dismissedAPR262024_02B52032024-04-26 · 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 operate his own business providing IT-related training and online courses, aiming to improve workforce skills and generate economic benefits.

Field: IT education · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not include adequate corroborating evidence, to show that the Petitioner's specific proposed work as an entrepreneur in the IT education field offers broader implications in his field”
“the record does not support the Petitioner's general assertions with corroborating evidence demonstrating the plausibility of those assertions”
“The Petitioner must nonetheless demonstrate his specific proposed endeavor of working as an entrepreneur in the IT field rather than the importance of the national initiatives and interests, industries, or fields”
“Although an individual's experience, qualifications, contributions, and achievements are material, they are misplaced in the context of the first Dhanasar prong”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the lack of detail in the Petitioner's projections makes it difficult to determine how the Petitioner's proposed endeavor differs from that of other entrepreneurs”
    AAO decision text
  • recommendation letter · discounted
  • resume experience · discounted
    “they are misplaced in the context of the first Dhanasar prong”
    AAO decision text
  • other · discounted
    “It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

AAO expressly reserved the threshold EB-2 classification issue and second/third Dhanasar prongs as unnecessary, resolving the appeal solely on first-prong national importance; cites Flores v. Garland regarding discretionary nature of NIW.

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
  • Matter of L-A-C-

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