NIW Bearings
dismissedFEB092022_01B52032022-02-09 · 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 initially proposed to work as a general operations manager advising U.S. companies, then shifted to founding his own import/export and supply chain consulting company (V-) targeting Brazil-U.S. trade.

Field: general operations management / supply chain management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar analytical framework
the Petitioner has submitted insufficient and inconsistent evidence regarding the substantive nature of his proposed endeavor
the business plan does not sufficiently detail the basis for these financial and staffing projections, or adequately explain how these projections will be realized
he has not offered sufficient evidence that the area where the company operates is economically depressed
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the specific endeavor

AAO decision text

Prong 2 — well positionednot established

we cannot conclude that he meets either the first or second prong, or that he has established eligibility for a national interest waiver

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not sufficiently detail the basis for these financial and staffing projections, or adequately explain how these projections will be realized
    AAO decision text
  • resume experience · discounted
    the Petitioner's knowledge, skills, and experience in his field relate to the second prong of the Dhanasar framework
    AAO decision text
  • other · discounted
    articles and reports about the nature of the work performed by general operations managers which generally describe the occupation but provide no specific details about the Petitioner's proposed endeavor
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Derivative of Prong 1/2 failure · p2prong three fails only because prongs one or two did — no independent ground
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Notable

The AAO emphasized a material-change problem: the Petitioner's initial proposal to work as a general operations manager for U.S. employers was substantively replaced in the RFE response and on appeal with a new entrepreneurial plan (forming company V- for supply-chain/import-export consulting), which the AAO treated as an impermissible post-filing change under 8 C.F.R. 103.2(b)(1) and Matter of Izummi/Katigbak, precluding retroactive establishment of eligibility.

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. 103.2(b)(1)
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles