NIW Bearings
dismissedAUG012023_06B52032023-08-01 · 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 an entrepreneur in finance, operating a company providing financial advisory, training, and budgeting/investment education to individuals and helping companies optimize capital structure, raise funds, and reduce debt.

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

EB-2 threshold — addressed

AAO agreed Petitioner qualified as advanced degree professional based on combined education and experience.

Prong 1 — national importancenot established · dispositive

the record does not show that this undertaking has broader implications for his field, as opposed to being limited to those who participate in his training sessions or mentoring program
the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the specific endeavor
the business plan does not provide sufficient details of the basis for these projections or adequately explain how this revenue and staffing targets will be realized
the Petitioner has not offered sufficient evidence that his company will employ a significant population of workers in an economically depressed area

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient details of the basis for these projections or adequately explain how this revenue and staffing targets will be realized
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the specific endeavor
    AAO decision text
  • resume experience · credited

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
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

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)
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles