NIW Bearings
dismissedFEB062025_02B52032025-02-06 · 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 financial manager, proposed to establish her own financial consulting company offering financial management, accounting, tax, and educational services to small and medium-sized businesses, startups, and individuals in the United States.

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

EB-2 threshold — addressed

Director and AAO agreed the Petitioner qualifies for EB-2 classification as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner has not shown how her services would result in broader implications to her field
activities which only benefit the Petitioner's prospective clients, like the offerings outlined in her business plan, would not have broader implications in the field
the business plan does not provide sufficient explanation for the basis of these employment projections
the letter does not establish how the Petitioner's specific endeavor would broadly impact the field or otherwise lead to substantial economic effects
the letters of recommendation provide little probative value in establishing the national importance of the Petitioner's endeavor as they primarily focus on the Petitioner's past experience
this relates to the importance of the financial management industry in general, rather than the Petitioner's specific endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these employment projections
    AAO decision text
  • recommendation letter · discounted
    provide little probative value in establishing the national importance of the Petitioner's endeavor as they primarily focus on the Petitioner's past experience
    AAO decision text
  • other · discounted
    the expert opinion letter primarily restates several of the claims made by the Petitioner
    AAO decision text
  • contract revenue · discounted
    she does not support these assertions in the record
    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
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO noted the appeal itself was independently dismissible under 8 C.F.R. 103.3(a)(1)(v) because the Petitioner failed to specifically identify errors in the Director's decision, but the AAO nevertheless proceeded to address the merits of prong one.

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
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-

Cases in adjacent profiles