NIW Bearings
dismissedDEC122023_02B52032023-12-12 · 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.

A Brazilian-trained mechanical engineer with over 10 years' experience as a business process engineer sought to open a U.S. consulting company to help corporate clients reengineer their business processes.

Field: business process engineering / consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew Director's finding; second letter established progressive post-baccalaureate experience, so Petitioner qualified as advanced degree professional.

Prong 1 — national importancenot established · dispositive

“the record does not explain how they would lead to economic benefits on a national scale”
“the record does not indicate that the business would employ enough people to significantly affect the economically depressed areas where they live”
“he has not demonstrated that his spec[fic consulting business would attain sufficient size or scope to achieve such results on a national scale”
“he has not demonstrated that his proposed endeavor would impact his field "more broadly."”

AAO decision text

How the evidence was treated

  • resume experience · credited
  • business plan · discounted
    “the record does not explain how they would lead to economic benefits on a national scale”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

This is the Petitioner's second appeal; a prior AAO decision (In Re: 22678653) had remanded the Director's motions decision on procedural grounds. AAO reversed the Director's threshold EB-2 finding but still dismissed on national importance, expressly reserving prongs 2 and 3 under Bagamasbad/Matter of L-A-C- reasoning.

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. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of L-A-C-

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