NIW Bearings
dismissedAUG152023_05B52032023-08-15 · 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 tour guide with a bachelor's degree in tourism, founded a small U.S. tourism company offering adventure, eco-, spiritual, and cultural travel packages, and sought to advance this business as its president and lead tour guide.

Field: tourism/travel industry · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree based on his bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
“Generalized conclusory statements that do not identify a specific impact in the field have little probative value.”
“the record does not support the Petitioner's small business providing tourism services with four staff members would operate on such a large scale that would benefit the U.S. economy”
“it does not provide sufficient details to show any significant potential to employ U.S. workers or other substantial positive economic effects rising to the level of national importance”

AAO decision text

Prong 2 — well positionednot established · dispositive

“there is no evidence that he has previously attempted or succeeded in starting a new business”
“the record lacks documentation of any progress towards achieving this endeavor, which might include the establishment of the business as a legal entity”
“Without the signed tax returns, along with evidence that they have been filed, this evidence is not verifiable and thus does not sufficiently support the Petitioner's assertions”
“the record does not provide sufficient information regarding interest from potential investors or customers”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “does not provide sufficient details to show any significant potential to employ U.S. workers or other substantial positive economic effects rising to the level of national importance”
    AAO decision text
  • recommendation letter · discounted
    “Where an opinion is not in accord with other information or is in any way questionable, USCIS is not required to accept it or may give it less weight.”
    AAO decision text
  • contract revenue · discounted
    “this evidence is not verifiable and thus does not sufficiently support the Petitioner's assertions regarding his business”
    AAO decision text
  • media · discounted
    “the Petitioner has not shown other corroborating evidence that these marketing strategies have resulted in obtaining sales, contracts, or clients”
    AAO decision text
  • resume experience · discounted
    “there is no evidence that he has previously attempted or succeeded in starting a new business”
    AAO decision text
All 6 evidence items
  • degree · credited

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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Business plan speculative · p2 — projections without a documented basis or steps
  • Funding absent · p2 — no documented funding or resources behind the plan
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

Case involves a solo entrepreneur running a small tourism business; AAO applied USCIS Policy Manual F.5(D)(4) entrepreneur-specific factors (ownership/active role, investor interest, incubator participation, growth metrics) and found the record lacked evidence on all of them. AAO also faulted unsigned, unfiled-looking tax returns as unverifiable evidence of business progress.

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
  • INA 203(b)(2)
  • Matter of E-M-

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