NIW Bearings
dismissedDEC062023_01B52032023-12-06 · 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.

A Brazilian entrepreneur with nearly 30 years of business experience sought to continue founding and operating U.S. businesses, including construction, education, elevator manufacturing, marketing, and audiovisual communications companies.

Field: entrepreneurship / multiple businesses (construction, education, elevators, marketing, audiovisual) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“But, even assuming the accuracy of the Petitioner's projections, they do not demonstrate that his businesses would significantly affect the national economy.”
“He also claims that his businesses would increase growth in economically depressed areas. But he does not identify the areas or explain how the businesses would benefit them.”
“The record does not establish that his businesses would grow to the size and scope needed to have social implications on a national scale.”
“the Petitioner has not established that his proposed endeavor would affect his field "more broadly."”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “even assuming the accuracy of the Petitioner's projections, they do not demonstrate that his businesses would significantly affect the national economy”
    AAO decision text
  • other · discounted
    “he does not identify the areas or explain how the businesses would benefit them”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO found substantial merit satisfied but dismissed solely on national importance, explicitly declining to reach prong 2 and prong 3 or the threshold EB-2 category eligibility question, citing Bagamasbad and Matter of L-A-C- for reserving unnecessary issues.

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.

  • Matter of L-A-C-

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