NIW Bearings
dismissedAUG092024_03B52032024-08-09 · 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 sought to start a company providing consulting, training, and education to individuals and organizations on financial compliance and sound financial strategy.

Field: finance/business/management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner eligible for EB-2 as advanced degree professional; not contested on appeal.

Prong 1 — national importancenot established · dispositive

they did not in any way speak to the Petitioner's proposed endeavor
simply aligning with the government's priorities is not alone sufficient to meet the first prong's national importance requirement
The business plan did not provide evidence for the number of employees he will hire at the end of five years, and the revenue projection appeared overly optimistic
The Petitioner does not establish why his attempts to extrapolate the entirety of the national financial training and consulting services industry to what might occur within his small business is a persuasive argument
The Petitioner did not demonstrate the endeavor's benefits would extend beyond the area in which it would operate or its clients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    their content did not illustrate how the proposed endeavor was of national importance
    AAO decision text
  • other · discounted
    it failed to discuss the endeavor's business plan, the endeavor itself, the endeavor's prospective substantial economic impact
    AAO decision text
  • citations publications · discounted
    they did not establish how the Petitioner's specific proposed endeavor stands to impact the broader field
    AAO decision text
  • business plan · discounted
    the revenue projection appeared overly optimistic at the end of that same five-year period without providing a basis for the projections
    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
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • 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

AAO applies a waiver doctrine borrowed from BIA case law (Matter of Garcia, Matter of O-R-E-) to find the petitioner waived several arguments on appeal by failing to meaningfully contest the Director's findings; dismissal is framed with multiple independent and alternative bases within prong 1 alone.

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 O-R-E-
  • Matter of R-A-M-

Cases in adjacent profiles