NIW Bearings
dismissedDEC042023_09B52032023-12-04 · 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 business intelligence analyst, proposed to provide data analysis and business intelligence services to small and medium-sized companies, first as an employee/senior advisor and later as an independent consultant, to help improve their revenue and profitability.

Field: business intelligence / data analysis · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner eligible for EB-2 classification as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The record does not adequately describe how the Petitioner's services would have broader implications to their field of business intelligence data analysis.
The Petitioner here has not demonstrated how conferring the benefit to the "mid-size to large enterprises" they intend to solicit have any implication or benefit rising to a level beyond them and touching matters of national importance.
it is not clear from the record how the improvement of one entity's revenue would have a substantial prospective positive economic effect commensurate with national importance
these relate more to the substantiality of the proposed endeavor's merit than its national importance

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The Petitioner's employment letters, recommendation letters, and letters expressing appreciation did not reflect how the proposed endeavor implicates national importance
    AAO decision text
  • business plan · discounted
    The Petitioner's professional plan couches their endeavor in terms of targeting their services to "SME" companies
    AAO decision text
  • resume experience · discounted
    the letters focused on the Petitioner's past work
    AAO decision text
  • media · discounted
    these relate more to the substantiality of the proposed endeavor's merit than its national importance
    AAO decision text
  • certification membership · ignored

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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 explicitly addressed and excused a material-change concern under Matter of Izummi, finding the Petitioner's RFE revisions 'concerning' but not disqualifying because they retained the character of the originally described endeavor. The decision also emphasizes that the initial filing was 'essentially a job search,' which is not the purpose of a national interest waiver.

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
  • INA 203(b)(2)
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Matter of Y-B-
  • Poursina v. USCIS

Cases in adjacent profiles