NIW Bearings
dismissedAUG262024_04B52032024-08-26 · 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 sought to operate and manage his own logistics consulting company in Florida, assisting entrepreneurs and small/medium U.S. businesses in navigating global trade challenges and establishing foreign market presence.

Field: logistics/business consulting for international trade · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the relevant question for determining the endeavor's national importance is not the importance of the industry or profession in which the individual will work
these articles only provide a general overview of the field, benefits of his profession, and the importance ofentrepreneurship and job creation without addressing the Petitioner's specific endeavor
the business plan does not offer sufficient details of the basis for these projections or adequately explain how these staffing and financial targets will be realized
the Petitioner has not sufficiently provided corroborating evidence ofthe company's economic impact
the totality of the evidence presented here does not demonstrate how the proposed endeavor's impact would extend beyond the company's clients and employees to affect the region or nation more broadly

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not offer sufficient details of the basis for these projections or adequately explain how these staffing and financial targets will be realized
    AAO decision text
  • media · discounted
    these articles only provide a general overview of the field, benefits of his profession, and the importance ofentrepreneurship and job creation
    AAO decision text
  • recommendation letter · discounted
    the authors do not provide other persuasive details regarding specific impact of the Petitioner's endeavor or his methodology
    AAO decision text
  • recommendation letter · discounted
    they do not address any processes or methodology directly attributable to the Petitioner that would impact the industry overall
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
  • 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 reserved opinion on underlying exceptional-ability EB-2 eligibility and on prongs 2 and 3, deciding the case solely on prong 1 national importance; explicitly noted each stated reason for dismissal is an independent and alternate basis for the decision.

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