NIW Bearings
dismissedAUG162024_10B52032024-08-16 · 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 proposed to develop and serve as general and operations manager of a financial and banking consulting firm providing consulting and advisory services to the credit union industry.

Field: financial and banking consulting for credit unions · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Director found the evidence of record insufficient to support the financial and employment projections in the Petitioner's business plan.
the Petitioner had not demonstrated the economic activity generated by her proposed endeavor would rise to the level of substantial positive economic effects for the regional or national economy
the Petitioner did not demonstrate her proposed endeavor would have broader implications, extending beyond her own company and clientele, and at a level commensurate with national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the evidence of record insufficient to support the financial and employment projections in the Petitioner's business plan
    AAO decision text
  • resume experience · discounted
  • recommendation letter · discounted
  • other · discounted

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO expressly adopted and affirmed the Director's prong-one analysis under Matter of Burbano rather than conducting independent de novo discussion; rejected Petitioner's due-process argument (citing Matter of M-P-) that declining to reach prongs two and three was improper, distinguishing M-P- as involving an unexplained denial.

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

Cases in adjacent profiles