NIW Bearings
dismissedAUG072023_01B52032023-08-07 · 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, a logistician, proposed to create and lead a transportation/drop-shipping services company serving small companies and personal shipments, including a partnership providing drop-shipping services for Walmart clients.

Field: logistics / supply chain management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

she does not elaborate on the types ofjobs her endeavor will create; the number ofjobs her endeavor will create
The record does not establish how the specific endeavor the Petitioner proposes to undertake would increase tax revenues by any particular amount
the relevant question is not the importance of the industry, field, or profession in which an individual will work
those 600,000 jobs are anticipated to be created by 2026, regardless of whether the Petitioner performs her proposed endeavor
Neither the Petitioner nor the letter elaborate on any particular aspect of generalized "societal welfare" or culture the proposed endeavor will enhance

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    opines that 600,000 new jobs will be created... regardless of whether the Petitioner performs her proposed endeavor
    AAO decision text
  • other · discounted
    does not elaborate on how the Petitioner and her proposed endeavor will have national or even global implications
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
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

AAO expressly reserved opinion on both underlying EB-2 classification (advanced degree) and on Dhanasar prongs 2 and 3, resolving the case entirely on prong 1 national importance. Notable analytical point: a supporting expert letter's job-growth projection undermined the petitioner's case because the letter indicated the cited job growth (600,000 jobs by 2026) would occur regardless of the petitioner's endeavor.

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
  • Matter of L-A-C-

Cases in adjacent profiles