NIW Bearings
dismissedDEC112024_08B52032024-12-11 · 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 sought to expand his existing Florida-based logistics/transportation LLC into a consulting, advisory, and solutions business for logistics management, offering specialized ground transportation and supply chain services to U.S. clients.

Field: logistics management / ground transportation consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

these projections are not supported by details showing their basis or an explanation of how they will be achieved
none of the articles mention the Petitioner or his company, or otherwise speak to the potential prospective impact of his specific proposed endeavor
the record does not indicate that the Petitioner's company would employ a substantial number of U.S. workers or otherwise have a significant economic impact
the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact his field
It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims

AAO decision text

How the evidence was treated

  • business plan · discounted
    these projections are not supported by details showing their basis or an explanation of how they will be achieved
    AAO decision text
  • contract revenue · discounted
    fall well short of his revenue projections in the business plan
    AAO decision text
  • media · discounted
    none of the articles mention the Petitioner or his company, or otherwise speak to the potential prospective impact of his specific proposed endeavor
    AAO decision text
  • recommendation letter · discounted
    does not contain sufficient information and explanation, nor does the record include adequate corroborating evidence
    AAO decision text
  • other · discounted
    does not identify any specific companies or entities that have been or will be serviced by [company] in a manner indicative of broader implications
    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
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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

Procedurally unusual: AAO had initially rejected the appeal as untimely and dismissed a subsequent motion, then reopened the matter sua sponte on Service motion under 8 C.F.R. 103.5(a)(5) after determining the reject notice was erroneous, and allowed the Petitioner's prior brief to stand. AAO also cited an 'expert opinion letter' from a marketing professor discussing induced/indirect job multipliers, which it found conclusory as to national importance rather than under prong 2.

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

Cases in adjacent profiles