NIW Bearings
dismissedAUG062024_03B52032024-08-06 · 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.

Petitioner, a travel agency owner with 18 years of industry experience, sought to operate a U.S.-based tourism business advising Brazilian travelers, providing consulting to small businesses/non-profits, and engaging in vacation-home rental/construction activities.

Field: travel and tourism · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

she did not establish that the proposed endeavor is of national importance
the Petitioner relies primarily on the importance of the travel and tourism industry to the U.S. economy. However, this misapplies the Dhanasar framework.
her endeavor does not include any specific plans or demonstrate that the benefits to the regional or national economy resulting from her endeavor would reach the level of "substantial positive economic effects"
Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
The Petitioner has not provided corroborating evidence... that her business's activities stand to provide substantial economic benefits to the region of Georgia or the United States

AAO decision text

How the evidence was treated

  • business plan · discounted
    her endeavor does not include any specific plans or demonstrate that the benefits... would reach the level of "substantial positive economic effects"
    AAO decision text
  • other · discounted
    Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
    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
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

Notable

Petitioner argued a prior I-140 decision had acknowledged national importance evidence; AAO rejected this via Matter of Church Scientology Int'l, noting it is not bound by potentially erroneous prior determinations.

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.

  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles