NIW Bearings
dismissedAUG132024_07B52032024-08-13 · 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, an entrepreneur in accounting/business, proposed to launch and operate a business venture per a submitted business plan.

Field: accounting/business · 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

“that the proposed endeavor will impact the field more broadly at a level commensurate with national importance”
“that the proposed endeavor realistically has the significant potential to employ U.S. workers or otherwise offers substantial positive effects for the United States”

AAO decision text

How the evidence was treated

  • business plan · discounted
  • motion resubmission · discounted
    “referenced previously submitted evidence... offering the same or similar arguments that the Director already considered”
    AAO decision text
  • funding · ignored

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
1,358coded 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

Unusual procedural posture: the appeal challenges the Director's dismissal of a combined motion to reopen/reconsider, not the original I-140 denial directly, so AAO's review is limited to whether the motions were properly dismissed rather than a full re-adjudication of eligibility. A footnote notes the Director erred by analyzing investor funding interest under Dhanasar prong 1 rather than prong 2, though this error was deemed immaterial to the outcome.

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
  • 8 C.F.R. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of Coelho

Cases in adjacent profiles