NIW Bearings
dismissedDEC012023_02B52032023-12-01 · 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, an industrial engineer with 14 years of supply chain logistics experience, proposed to build a consulting team providing logistics and supply chain management services to industrial-sector companies in the United States, including studies and recommendations on distribution logistics.

Field: industrial engineering / supply chain management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record demonstrates that the Petitioner holds the equivalent of a U.S. bachelor's degree awarded in 2008, followed by more than five years of progressive experience; Director found him a member of the professions holding an advanced degree, undisputed on appeal.

Prong 1 — national importancenot established · dispositive

Much of the Petitioner's evidence relates to the field of supply chain management generally, rather than his specific proposed endeavor.
the record contains insufficient information or evidence regarding the Petitioner's proposed endeavor to show broad potential implications demonstrating national importance.
he has not supported these assertions with sufficient independent, objective evidence.
the Petitioner's personal statements are not specific or detailed enough for us to assess the potential prospective impact of it in the abstract
the record does not include a business plan for the Petitioner's proposed endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not include a business plan for the Petitioner's proposed endeavor.
    AAO decision text
  • media · discounted
    does not address the national importance of the Petitioner's specific proposed endeavor.
    AAO decision text
  • recommendation letter · ignored
  • resume experience · credited
  • certification membership · ignored
All 6 evidence items
  • motion resubmission · discounted
    the Petitioner references the same supporting evidence submitted with the original petition and RFE response and does not provide any new evidence.
    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
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

The AAO includes a footnote stating that even if it had addressed the remaining two prongs, it still would have dismissed the appeal, because the Petitioner presented no new evidence on appeal beyond what was already found deficient by the Director.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Buletini v. INS
  • Matter of L-A-C-

Cases in adjacent profiles