NIW Bearings
dismissedAUG062024_07B52032024-08-06 · combined · 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 continue working as an entrepreneur and grow his multiple businesses, including an educational venture and a compact elevator installation company, along with new apartment construction projects.

Field: entrepreneurship (education, construction, elevator installation, real estate) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

he did not establish that it is of national importance because the evidence did not show that the endeavor would have significant potential to employ U.S. workers, broadly impact the industries, or otherwise have broader economic or social implications
the record did not contain specific probative evidence independently substantiating these claims
the stated 2022 figures for his parent company, even if true, falls significantly below even [] initial business projections
these documents also generally describe significance a business field or industry and thus do not specifically relate to Dhanasar's national importance prong, which focuses on potential prospective impact of the proposed endeavor, rather than the person's credentials, experience, or the importance of the industry
the record still does not contain any objective evidence independently corroborating these assertions

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record did not contain specific probative evidence independently substantiating these claims
    AAO decision text
  • contract revenue · discounted
    the record still does not contain any objective evidence independently corroborating these assertions
    AAO decision text
  • recommendation letter · discounted
    they do not contain or support any new facts or assertions for purposes of a motion to reopen
    AAO decision text
  • motion resubmission · discounted
    we are not required to consider the similar documents he now submits on this motion
    AAO decision text
  • other · discounted
    these documents also generally describe significance a business field or industry and thus do not specifically relate to Dhanasar's national importance prong
    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
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Notable

AAO declined to consider most motion evidence as untimely/duplicative under 8 C.F.R. 103.2(b)(11) and Matter of Soriano, but alternatively addressed it on the merits and still found national importance unestablished; motion to reconsider failed for generally alleging error without specifying legal/factual mistakes per Matter of O-S-G-.

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. 103.5
  • Matter of Coelho
  • Matter of O-S-G-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Lack of independent, probative evidence substantiating claimed revenue, job creation, and community-impact figures; even taken as true, figures failed to show national-scale economic or social effect.

Transferable lesson

Corroborate business growth and impact claims with independent objective evidence (audited financials, contracts, third-party verification), not just self-reported projections or unsupported assertions.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

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