NIW Bearings
dismissedAUG182023_02B52032023-08-18 · 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 a mortgage lending company in Florida to provide mortgage loans to American and international clients.

Field: mortgage lending / finance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not establish the business need for this number of workers, nor that the creation of this number of jobs would have a substantial positive economic effect”
“the Petitioner has not established that the creation of 21 jobs in five years would result in the type of "substantial positive economic effects" that would rise to the level of national importance”
“These claims are not supported by the evidence in the record.”
“the Petitioner has not demonstrated that the potential prospective impact of this endeavor rises to the level of national importance”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner does not provide further clarification as to how this number is justified by the business plan”
    AAO decision text
  • resume experience · discounted
    “The evidence of the Petitioner's work experience does not elaborate on the Petitioner's specific proposed endeavor nor support its national importance.”
    AAO decision text
  • other · discounted
    “These claims are not supported by the evidence in the record.”
    AAO decision text

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
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

Petitioner argued Dhanasar de-emphasizes geographic breadth, but AAO clarified Director did not rely on geographic scope, rather on insufficient evidence of broader industry impact; AAO reserved judgment on prongs 2 and 3 citing Bagamasbad and L-A-C- doctrine of not reaching unnecessary issues.

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-

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