NIW Bearings
dismissedAUG072024_05B52032024-08-07 · 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 Brazilian public relations professional, proposed to provide public relations consulting and communications advisory services to established and startup U.S. companies through her Florida LLC.

Field: public relations · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualified as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has provided contradictory evidence regarding the nature ofthe proposed endeavor as an initial matter
the Petitioner has not established her proposed endeavor of providing public relations consulting services sufficiently extends beyond her company and its clientele to impact the industry or the field more broadly
she also did not demonstrate how her claimed employment and revenue projections, even if credible, will have significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation
the Petitioner must establish the national importance of her proposed endeavor rather than the importance of public relations work, small businesses, entrepreneurism, and immigration

AAO decision text

How the evidence was treated

  • business plan · discounted
    she also did not demonstrate how her claimed employment and revenue projections, even if credible, will have significant potential to employ U.S. workers
    AAO decision text
  • contract revenue · discounted
  • media · discounted
    the Petitioner must establish the national importance of her proposed endeavor rather than the importance of public relations work
    AAO decision text
  • recommendation letter · ignored

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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO emphasized that the Petitioner's evidence was internally contradictory as to the nature of the proposed endeavor, and cited Flores v. Garland for the proposition that NIW adjudication is discretionary in nature; the Petitioner's citation to Matter of Buletini (abuse-of-discretion for failing to consider evidence) was rejected as the Director had adequately addressed the business plan and job-creation claims.

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

Cases in adjacent profiles