NIW Bearings
dismissedAUG312023_06B52032023-08-31 · 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 Brazilian legal consultant, proposed to expand his law-consultancy business into the United States (targeting California, Utah, and Arizona SBA HUBZones) to help U.S. and foreign companies with cross-border legal and trade matters.

Field: legal consultancy / corporate law · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director's finding that Petitioner qualifies as an advanced-degree professional was undisputed and affirmed.

Prong 1 — national importancenot established

we do not agree with the Director's determination that the endeavor has national importance.
The Petitioner has not demonstrated that the endeavor he proposes to undertake has significant potential to employ U.S. workers
the growth forecast figures do not appear to originate from objective sources
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its clientele

AAO decision text

Prong 2 — well positionednot established · dispositive

Letters submitted as evidence of the Petitioner's work experience following his bachelor's degree provide only an overview of his duties.
they do not elaborate on the services provided or illuminate any specific accomplishments
these letters are non-committal and only generally refer to the Petitioner's interest in providing legal services in the United States
the record does not include documentation to demonstrate the availability or existence of these investment funds
the details in the record concerning the Petitioner's legal and entrepreneurial accomplishments are found almost entirely within documentation generated by the Petitioner or his attorney

AAO decision text

How the evidence was treated

  • business plan · discounted
    the growth forecast figures do not appear to originate from objective sources
    AAO decision text
  • recommendation letter · discounted
    they do not elaborate on the services provided or illuminate any specific accomplishments
    AAO decision text
  • resume experience · discounted
    found almost entirely within documentation generated by the Petitioner or his attorney
    AAO decision text
  • funding · discounted
    the record does not include documentation to demonstrate the availability or existence of these investment funds
    AAO decision text
  • other · discounted
    this information does not provide probative evidence that the Petitioner is well positioned to advance his proposed endeavor
    AAO decision text
All 6 evidence items
  • degree · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

Petitioner's business plan relied on the SBA HUBZone program framing to argue economic-development benefits, which the AAO found unsupported by objective sourcing or evidence of investment funds availability.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

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