NIW Bearings
dismissedAUG042022_01B52032022-08-04 · 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 entrepreneur, initially proposed to provide business consulting, strategic planning, and financial advisory services to U.S. companies, but later shifted his stated endeavor to owning and operating his own company distributing biodegradable cleaning products and services in the U.S.

Field: international business / entrepreneurship (later, biodegradable cleaning products distribution) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Here, the nature of the Petitioner's proposed endeavor is unclear.
he does not sufficiently explain how his revised plan has national importance, rather than primarily benefiting his own company and its clients.
he has not offered sufficient information and evidence to demonstrate that the prospective impact of either endeavor rises to the level of national importance.
The business plan does not sufficiently detail the basis for its financial and staffing projections, nor does it adequately explain how these projections will be realized.
Therefore, since we are unable to specifically identify the Petitioner's proposed endeavor, we are likewise unable to evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement.

AAO decision text

How the evidence was treated

  • business plan · discounted
    The business plan does not sufficiently detail the basis for its financial and staffing projections, nor does it adequately explain how these projections will be realized.
    AAO decision text
  • contract revenue · discounted
    it does not demonstrate that the benefits to the regional or national economy resulting from his undertaking would reach the level of "substantial positive economic effects"
    AAO decision text
  • recommendation letter · ignored
  • other · credited

Where this case turned

  • 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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
2,501coded 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

Notable

The AAO treated the Petitioner's post-filing purchase of a cleaning products company and shift from consulting to product distribution as an impermissible material change to the petition, citing Izummi and Katigbak, rather than merely weighing it as insufficient evidence.

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. 103.2(b)(1)
  • INA 203(b)(2)
  • INA 291
  • Matter of E-M-
  • Matter of Izummi
  • Matter of Katigbak

Cases in adjacent profiles