NIW Bearings
dismissedDEC132024_05B52032024-12-13 · 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 proposed to establish and serve as CEO of a green marketing consulting business advising small and medium-sized companies on eco-friendly practices, based in an economically at-risk area of Utah.

Field: green marketing consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner did not establish she holds the foreign equivalent of a U.S. bachelor's degree because a private academic evaluation conflicted with AACRAO's EDGE database on the equivalency of her Colombian 'professional' degree, and she failed to resolve the inconsistency with independent objective evidence.

Prong 1 — national importancenot established · dispositive

“Any basic economic activity has the potential to positively impact the economy and social welfare”
“rather than benefiting her business and clients, the Petitioner has not demonstrated by a preponderance of the evidence”
“Working in or establishing a business in an important field which is the subject of national initiatives and policies is insufficient on its own”
“The opinion, however, assumes and relies upon the correctness of the Petitioner's projected total revenue growth expectations”
“her colleagues' assertions are not persuasive and lack credibility, as they contain similar language, and in some instances identical language”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner has not sufficiently detailed the basis for the financial and staffing projections, or adequately explained how these projections will be realized”
    AAO decision text
  • recommendation letter · discounted
    “The submission of letters from experts supporting the petition is not presumptive evidence of eligibility.”
    AAO decision text
  • degree · discounted
    “the record has conflicting information about the foreign equivalency of her degree”
    AAO decision text
  • other · discounted
    “their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular”
    AAO decision text
  • other · discounted
    “assumes and relies upon the correctness of the Petitioner's projected total revenue growth expectations ... without providing sufficient details for realizing these projections”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
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Notable

AAO withdrew the Director's favorable finding on the underlying advanced-degree classification (finding the foreign degree equivalency unresolved) and also withdrew the Director's finding that the endeavor lacked substantial merit, but still affirmed denial solely on national importance, expressly declining to reach prongs two and three as unnecessary (citing INS v. Bagamasbad).

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
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of E-M-
  • Matter of Ho

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