NIW Bearings
dismissedAPR292025_11B52032025-04-29 · 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 work as CEO of a cybersecurity consulting company he would establish, aiming to help small and medium-sized businesses identify, mitigate, and prevent cyber threats.

Field: cybersecurity · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The evidence submitted by the Petitioner does not establish his proposed endeavor would operate on such a large scale as to have a national impact on the cybersecurity industry.
he did not establish his specific proposed endeavor will have substantial national implications or have a broader impact beyond the individuals directly served by his company
the Petitioner did not establish his proposed endeavor would have broader implications to the overall fields to establish its national importance
the business plan does not provide sufficient explanation for the basis of these projections
The Petitioner has not explained how his proposed employment metrics and revenue would have impact beyond his business's area of intended operations.

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the inquiry in the first prong of the Dhanasar framework focuses on 'the specific endeavor that the foreign national proposes to undertake'
    AAO decision text
  • recommendation letter · discounted
    the inquiry in the first prong of the Dhanasar framework focuses on 'the specific endeavor that the foreign national proposes to undertake'
    AAO decision text
  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these projections
    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
  • 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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles