NIW Bearings
dismissedDEC042024_01B52032024-12-04 · combined · 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 compliance manager, proposed to serve as investor and CEO of a U.S. company providing anti-money-laundering compliance consultancy and training services to financial businesses, initially planned for Florida.

Field: anti-money laundering compliance / financial regulation · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we focus, not on the specific area or field at issue, but the specific endeavor a petitioner proposes to undertake
the Petitioner's business plan does not provide sufficient explanation for the basis of her economic projections, including revenue and job creation
the economic assertions made on motion contain figures regarding small business economy in Florida but do not provide sufficient information or explanation to establish her own proposed endeavor would have substantial positive effects in that environment
the Petitioner has not demonstrated that the potential prospective impact of her specific endeavor would impact the financial regulation and compliance industries more broadly, at a level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide sufficient explanation for the basis of her economic projections, including revenue and job creation
    AAO decision text
  • motion resubmission · discounted
    do not state new facts and therefore do not constitute "new facts" for the purposes of a motion to reopen
    AAO decision text
  • other · discounted
    does not mention the Petitioner, her company, or otherwise speak to the potential prospective impact of her own proposed endeavor
    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
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

A footnote explicitly declines to consider the Petitioner's prong-2 style arguments (professional background, superior performance) on motion because the second Dhanasar prong was never reached or discussed in the prior appeal decision, so it fell outside the scope of the motion.

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. 103.5(a)(1)(i)
  • 8 C.F.R. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho

Cases in adjacent profiles