NIW Bearings
dismissedAUG232024_02B52032024-08-23 · 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, an accountant, proposed to found and serve as CEO of a Florida-based consulting company offering IFRS compliance consulting, financial strategy development, and related financial advisory services.

Field: accounting/financial consulting (IFRS compliance) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualified for EB-2 classification as advanced degree professional (bachelor's equivalent plus five years progressive experience).

Prong 1 — national importancenot established · dispositive

The record does not demonstrate, however, how the Petitioner's company's work would extend beyond assisting individual client companies to impact businesses in a manner commensurate with national importance.
these articles address the importance of accounting and related issues, but they do not address the Petitioner's proposed endeavor.
Our assessment of national importance does not focus on the importance of issues affecting a field or our nation in general, but focuses on the specific endeavor
the record does not indicate that the Petitioner developed any of these services or that her company would otherwise make significant contributions impacting her field more broadly.
The plan does not indicate that the Petitioner's company would earn revenue, make tax payments or otherwise provide substantial positive economic effects at a level commensurate with national importance
he does not explain how the Petitioner's work would extend beyond her company's individual clients to impact her field more broadly.
they do not specifically address the potential prospective impact of her proposed endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not indicate that the Petitioner developed any of these services or that her company would otherwise make significant contributions impacting her field more broadly
    AAO decision text
  • recommendation letter · discounted
    they do not specifically address the potential prospective impact of her proposed endeavor
    AAO decision text
  • media · discounted
    these articles address the importance of accounting and related issues, but they do not address the Petitioner's proposed endeavor
    AAO decision text
  • contract revenue · discounted
    The plan does not indicate that the Petitioner's company would earn revenue, make tax payments or otherwise provide substantial positive economic effects
    AAO decision text
  • resume experience · 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • 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

AAO expressly acknowledged the Director's denial used template-like language that failed to specifically address the evidence submitted, but found the ultimate determination correct anyway on de novo review.

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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