NIW Bearings
dismissedDEC082022_01B52032022-12-08 · appeal · Nebraska 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 sought to work as an independent business consultant and owner of a long-distance freight trucking and logistics company in the United States, helping small and medium-sized enterprises improve productivity while generating revenue and employment.

Field: commercial freight trucking / transportation logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record reflects that the Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company to impact the commercial trucking and long-distance commercial freight trucking industries more broadly at a level commensurate with national importance
the Petitioner's business plan does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized
the letter provides an overly vague recitation of the Petitioner's reputation and abilities, and does not provide a basis for his conclusory assertions
he has not offered sufficient evidence that the area where the company operates is economically depressed, that he would employ a significant population of workers in that area

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized
    AAO decision text
  • recommendation letter · discounted
    provides an overly vague recitation of the Petitioner's reputation and abilities, and does not provide a basis for his conclusory assertions
    AAO decision text
  • other · discounted
    do not refer to the Petitioner, the company he founded, or the specific endeavor he proposes to undertake
    AAO decision text
  • resume experience · discounted
    repeats much of the information the Petitioner already provided in his resume without adding sufficient independent analysis
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • 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

This was a revocation-on-notice case (NOIR) rather than an initial denial: the petition was first approved by the Director and later revoked before the appeal. The AAO also flagged an unresolved material inconsistency regarding claimed Brazilian/Latin American business ties that did not match the Petitioner's Kazakhstani background, citing Matter of Ho on unresolved inconsistencies, though this was not the dispositive basis for denial.

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 Ho
  • Matter of L-A-C-
  • Section 291 of the Act

Cases in adjacent profiles