NIW Bearings
dismissedAUG272020_01B52032020-08-27 · 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, a legal consultant, planned to continue working in the U.S. advising foreign and U.S. companies on cross-border commercial transactions, tax, and legal matters involving Brazil and Latin America, while also running an e-commerce furniture export company and advising on construction projects.

Field: legal consulting / cross-border business advisory · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her company and clientele to impact the furniture industry, construction sector, real estate market, or U.S. economy more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
she has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her company and clientele
    AAO decision text
  • other · discounted
    Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work
    AAO decision text
  • contract revenue · 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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO credits substantial merit (based on extensive industry background articles) but finds national importance unmet purely due to lack of evidence tying the endeavor's impact beyond the petitioner's own company/clientele; explicitly declines to reach prongs 2 and 3.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

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