NIW Bearings
dismissedDEC202023_05B52032023-12-20 · 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 a self-employed independent financial consultant providing financial management and capital investment advice to startups, small and medium-sized businesses, and entrepreneurs in Florida.

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

EB-2 threshold — addressed

The Director found, and the AAO agreed, that the Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed.

Prong 1 — national importancenot established · dispositive

“the proposed endeavor stands to sufficiently extend beyond his consultancy services and his clientele to impact his field more broadly at a level commensurate with national importance”
“the Petitioner has not provided corroborating evidence to support his claims that his financial consulting activities stand to provide substantial economic benefits to Florida, its underserved business communities, or the United States”
“merely working as a financial consultant for small and medium-sized businesses is insufficient to establish the national importance of the proposed endeavor”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner has not provided corroborating evidence to support his claims that his financial consulting activities stand to provide substantial economic benefits”
    AAO decision text
  • recommendation letter · discounted
    “the Petitioner has not offered sufficient information and evidence based on these recommendation letters to demonstrate the prospective impact of his proposed endeavor will rise to the level of national importance”
    AAO decision text
  • other · discounted
    “The industry reports and articles submitted do not discuss any of the Petitioner's claimed economic impacts specifically attributable to the Petitioner's financial consulting work.”
    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

The Petitioner argued the Director abused discretion and failed to consider the totality of evidence and inadequately explained RFE deficiencies; the AAO rejected these procedural arguments and found the RFE and denial sufficiently explained the deficiencies. AAO expressly declined to reach prongs 2 and 3 as prong 1 failure was dispositive.

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 E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles