NIW Bearings
dismissedDEC112024_03B52032024-12-11 · 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 proposed to work as CEO of his own startup business administration consulting firm in Florida, offering strategic growth and marketing consulting to small and medium-sized enterprises in the clothing, footwear, and accessories sectors.

Field: business administration consulting services (fashion/apparel sector) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish how the proposed endeavor of providing business administration consulting services to unspecified SMEs in "clothing, footwear, accessories, and related industries" may have national importance
the record does not further specify where, in particular, the Petitioner's company's potential clients and customers would be located
neither the Petitioner's business plan nor the remainder of the record establish how employing 17 workers ... demonstrates significant potential to employ U.S. workers or other substantial positive economic effects
generalized information in the record that does not address the Petitioner, the specific endeavor he proposes to undertake ... are immaterial to that issue

AAO decision text

How the evidence was treated

  • business plan · discounted
    generalized information in the record that does not address the Petitioner, the specific endeavor... are immaterial to that issue
    AAO decision text
  • other · discounted
    generalized information regarding business, business administration, business administration consulting services... are immaterial
    AAO decision text

Where this case turned

  • 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
  • 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

AAO noted the record does not clarify why the Director reached the national interest waiver issue after finding the Petitioner ineligible for exceptional ability classification; AAO declined to resolve that threshold issue and instead dismissed solely on prong 1 (national importance), reserving opinion on prongs 2 and 3 and on threshold EB-2 eligibility.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles