NIW Bearings
dismissedAUG262024_03B52032024-08-26 · 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 planned to operate his own supply chain management consulting company, offering outsourcing, procurement negotiation training, and alternative-supplier search services to U.S. companies.

Field: supply chain management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualified for the underlying EB-2 classification as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has provided little explanation or corroboration for the bases of these projections and has not sufficiently elaborated on how the projected revenue and proposed employment numbers will impact the area of intended operations
even if these projections were more than conjecture, we would still conclude that the Petitioner had not established that the endeavor would operate on a scale rising to the level of national importance
the pertinent question is not the importance of the field, industry, or profession in which the individual will work
Simply working in an important field is insufficient to establish the proposed endeavor's national importance
The record contains insufficient evidence that the proposed endeavor stands to impact or significantly reduce the claimed national shortage
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
they provide little explanation to establish the national importance of the Petitioner's proposed endeavor
the letter does not specifically detail how the Petitioner's endeavor would accomplish these goals or how any impact would extend beyond the direct clients that the Petitioner will serve
the Petitioner does not specifically detail how he will accomplish these sizeable objectives through his endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner has provided little explanation or corroboration for the bases of these projections
    AAO decision text
  • media · discounted
    The articles and reports, however, provide only general background information on these subjects and do not specifically relate to or discuss the Petitioner's proposed endeavor
    AAO decision text
  • recommendation letter · discounted
    they provide little explanation to establish the national importance of the Petitioner's proposed endeavor
    AAO decision text
  • resume experience · ignored

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded 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 raised, sua sponte, a novel HUBZone eligibility question, noting the Petitioner's business would likely not qualify for the HUBZone federal contracting set-aside program because it would be wholly owned by a non-U.S.-citizen, undercutting one of the Petitioner's implicit economic-benefit arguments.

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

Cases in adjacent profiles