NIW Bearings
dismissedDEC202023_07B52032023-12-20 · 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 sought to establish and operate a facilities management services business in Florida serving property owners and small/medium businesses, with plans to later develop a software platform to expand the business.

Field: facilities management services · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner's occupation as a facilities manager did not qualify as a profession under 8 C.F.R. 204.5(k)(2) because a U.S. bachelor's degree is not the minimum requirement for entry into the occupation per O*NET; the AAO withdrew the Director's finding of EB-2 eligibility.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not shown that his proposed endeavor ... stands to sufficiently extend beyond his company and his clients to impact the industry or field more broadly”
“The letters do not demonstrate that the Petitioner's work will have national or global implications in the field of facilities management.”
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
“working as a facilities manager and starting a facilities management services business are insufficient to establish the national importance of the proposed endeavor”
“the opinion generally restates information provided in the business plan and does not explain the basis for these employment and financial projections”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
    AAO decision text
  • recommendation letter · discounted
    “The letters do not demonstrate that the Petitioner's work will have national or global implications in the field of facilities management.”
    AAO decision text
  • resume experience · discounted
    “his reliance on his professional experience and knowledge to establish the national importance of his proposed endeavor is misplaced”
    AAO decision text
  • other · discounted
    “the opinion generally restates information provided in the business plan and does not explain the basis for these employment and financial 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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The AAO withdrew the Director's favorable finding on the underlying EB-2 advanced-degree classification (facilities manager not a qualifying profession per O*NET data), an unusual instance of the AAO reaching back to overturn a threshold finding not appealed by either party, and separately found the NIW national importance prong dispositive without reaching prongs 2 and 3.

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

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