NIW Bearings
dismissedDEC092025_05B52032025-12-09 · appeal

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 relationship manager with a background in accountancy, financial advisory, and insurance management, proposed to increase financial literacy and financial inclusion in the United States by developing insurance and financial advisory services, including AI-driven tools and Sharia-compliant/Islamic finance offerings targeted at underserved communities.

Field: financial advisory, insurance, and financial literacy services · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO agreed, that the Petitioner qualified for the underlying EB-2 classification as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner submitted vague assertions regarding the nature of his proposed endeavor making it difficult to determine whether it would likely have potential prospective national importance
Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
there is no such detailed business plan including probative information such as financial or job projections
he does not indicate whether he will likely receive such fonding, from what source ifhe did, in what amounts
the relevant question is not the importance of the field, industry, or profession in which a petitioner may work

AAO decision text

How the evidence was treated

  • business plan · discounted
    there is no such detailed business plan including probative information such as financial or job projections
    AAO decision text
  • recommendation letter · discounted
    a petitioner's expertise and record of success is a consideration under Dhanasar's second prong
    AAO decision text
  • resume experience · discounted
    he does not sufficiently detail and document how his work in finance and insurance in the United States would be materially different from any other similarly experienced employee
    AAO decision text
  • funding · discounted
    he does not indicate whether he will likely receive such fonding, from what source ifhe did, in what amounts
    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
  • Funding absent · p1no documented funding or resources behind the plan
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Notable

The Petitioner introduced new theories on appeal/RFE response (AI tools, Islamic finance, Sharia-compliant services) that the AAO noted were not mentioned in the initial petition, undermining credibility; AAO expressly reserved prongs 2 and 3 as unnecessary given the dispositive prong 1 failure.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Ho

Cases in adjacent profiles