NIW Bearings
dismissedDEC122023_01B52032023-12-12 · 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, a physical therapist, planned to operate a mobile pediatric/general physical therapy clinic out of a van, eventually opening a physical location and hiring additional staff.

Field: physical therapy · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as a member of the professions holding an advanced degree; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the record does not establish that [the Petitioner's] role would impact the physical therapy field and industry more broadly, as opposed to being limited to the patients she serves.
The record does not establish how the Petitioner's physical therapy services, initially "operated out of a company owned van," may have "national or even global implications within a particular field
does not establish how employing five workers-including the Petitioner but apparently excluding her husband, despite specifically identifying him as a worker-would demonstrate "significant potential to employ U.S. workers
the letters of recommendation do not elaborate on how the "specific endeavor that the [Petitioner] proposes to undertake" may have "national or even global implications within a particular field
the doubt cast on the business plan's veracity undermines the reliability and sufficiency of the remaining evidence submitted in support of the Form I-140

AAO decision text

How the evidence was treated

  • business plan · discounted
    the doubt cast on the business plan's veracity undermines the reliability and sufficiency of the remaining evidence
    AAO decision text
  • recommendation letter · discounted
    do not elaborate on how the specific endeavor... may have national or even global implications within a particular field
    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

AAO relied heavily on internal inconsistencies in the business plan's wage projections (e.g., unpaid husband-worker, dramatically differing starting wages for identical job titles) to cast doubt on the veracity of the entire record under Matter of Ho, using this to undermine the national importance showing rather than as a standalone credibility finding.

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
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles