NIW Bearings
dismissedAUG292024_03B52032024-08-29 · 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 proposed to found and lead an accounting outsourcing firm providing accounting, tax preparation, bookkeeping, payroll, and ITIN registration services to American companies, initially in Florida and expanding to Alabama and Mississippi.

Field: accounting/tax preparation services · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish how the potential prospective impact of the proposed endeavor may have the type of broader implications indicative of national importance
Without more information than a mere number of abstract workers in some unspecified location(s), the record does not establish the significance of that hypothetical job creation.
the record establishes that the proposed endeavor would provide routine accounting services that would benefit the generalized "American companies" that may be the accounting services company's clients and customers.
she does not elaborate on appeal how the proposed endeavor aligns with those initiatives or how such an alignment would demonstrate the proposed endeavor's importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not establish how the specific proposed endeavor would operate on such a large scale to create jobs and revenues
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO focused heavily on the lack of detail regarding indirect job creation (nature, location, wages) and criticized the Petitioner's vague appellate assertions about alignment with SBA/Commerce Department initiatives without evidentiary support. The decision explicitly reserved judgment on prongs 2 and 3, resolving the case entirely on prong 1.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

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