NIW Bearings
dismissedAUG312023_01B52032023-08-31 · appeal · Nebraska 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 with an MBA and U.S. CPA license, sought to start his own U.S. consulting firm providing accounting, audit, tax, and advisory services to self-employed individuals, professionals, and small businesses.

Field: accounting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO affirmed the Director's finding that the Petitioner's Canadian MBA equates to a U.S. advanced degree, qualifying him as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

he has not demonstrated that his spec[fic endeavor would have national implications economically or within the accounting field
the record lacks details about the proposed firm's scope, such as its projected revenues, number of employees, or whether it would benefit an economically depressed area
The record also lacks evidence that the firm would provide improvements or advances within the accounting field
No individual accountant ... will have 'national or global implications within the field.'

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record lacks details about the proposed firm's scope, such as its projected revenues, number of employees
    AAO decision text
  • degree · credited
  • resume experience · ignored

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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The Petitioner offered a rhetorical metaphor conceding no individual accountant has national implications ('A drop of water by itself is insignificant but when it joins billions and trillions of other drops, it becomes [an] ocean!'), which the AAO used against him. The AAO expressly declined to reach prongs 2 and 3, reserving those arguments under Bagamasbad/Matter of L-A-C-.

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. 204.5(k)(2)
  • Matter of L-A-C-

Cases in adjacent profiles