NIW Bearings
dismissedAUG142024_09B52032024-08-14 · 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, CEO of a specialty lighting company, proposed to expand his consulting business domestically and internationally, offering commercial management advisory, partnership enablement, and export consulting services.

Field: specialty lighting consulting/business · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found threshold EB-2 classification not established, but AAO reserved this issue as unnecessary given dispositive prong 1 failure.

Prong 1 — national importancenot established · dispositive

the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
The Petitioner, however, does not provide sufficient detail of the basis of these projections, or adequately explain how these staffing targes and revenue forecasts will be realized
although an individual's experience, qualifications, contributions, and achievements are material, they are misplaced in the context of the first Dhanasar prong
the relevant question is not the importance of the industry or profession in which the individual will work
the record does not establish how the proposed endeavor will have broader implications beyond benefitting the Petitioner's clients and companies he elects to work with

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide sufficient detail of the basis of these projections, or adequately explain how these staffing targes and revenue forecasts will be realized
    AAO decision text
  • recommendation letter · discounted
    the record does not establish how the proposed endeavor will have broader implications beyond benefitting the Petitioner's clients
    AAO decision text
  • other · discounted
    It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims
    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
  • 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

The Director had found the endeavor to have substantial merit and that petitioner was well-positioned (prong 2), but AAO focused solely on national importance within prong 1 as dispositive, declining to reach prongs 2 and 3 or the underlying EB-2 classification issue.

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-
  • Poursina v. USCIS

Cases in adjacent profiles