NIW Bearings
dismissedAUG182022_01B52032022-08-18 · 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 establish and operate a boutique fitness studio LLC in Florida, offering personalized health and wellness services, with plans to expand to additional locations over five years.

Field: fitness/wellness services · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its future clientele to impact the personalized physical fitness training field, the wellness industry, U.S. public health interests, or the U.S. economy more broadly at a level commensurate with national importance.
he did not elaborate on these projections or provide evidence supporting the need for these additional employees.
he did not adequately explain how these specific sales forecasts were calculated.
he has not offered sufficient evidence that the area where his company will operate is economically depressed, that he would employ a significant population of workers in that area
The record, however, does not support this assertion.

AAO decision text

How the evidence was treated

  • business plan · discounted
    he did not elaborate on these projections or provide evidence supporting the need for these additional employees
    AAO decision text
  • recommendation letter · discounted
    The record, however, does not support this assertion.
    AAO decision text
  • other · credited

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
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 AAO credited the endeavor's substantial merit (citing extensive public-health and small-business economic literature submitted) but found national importance unmet based on speculative, unexplained financial projections and unsupported job-creation claims; a footnote flags an internal inconsistency in the business plan's tax revenue claim versus its own pro forma statement.

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. 103.5
  • INA 203(b)(2)
  • Matter of E-M-
  • Poursina v. USCIS

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