NIW Bearings
dismissedFEB132023_01B52032023-02-13 · 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 direct his own cargo and freight/commercial representation company in Florida, offering logistics services to regional businesses.

Field: cargo and freight / logistics and commercial representation · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced-degree professional; not at issue on appeal, though the AAO's footnote questions whether 'cargo and freight agent' is a qualifying profession and reserves the issue for future filings.

Prong 1 — national importancenot established · dispositive

“The Petitioner's initial filing did not identify his proposed endeavor with sufficient detail.”
“An endeavor of that kind does not have significant potential to employ U.S. workers or to have other substantial positive economic effects.”
“The record does not include sufficient documentary evidence to support these claims.”
“the business plan does explain why this amount is a reasonable estimate for the endeavor's initial yearly income.”
“they address the substantial merit of his proposed endeavor, rather than national importance.”
“None of the Petitioner's letter writers describe in detail the proposed endeavor or its potential impact.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the plan does not have a credible methodology as to its assumed expenses and projected income”
    AAO decision text
  • recommendation letter · discounted
    “None of the Petitioner's letter writers describe in detail the proposed endeavor or its potential impact.”
    AAO decision text
  • contract revenue · discounted
    “it is not sufficient to establish work of national importance”
    AAO decision text
  • media · ignored
    “untranslated newspaper clippings”
    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
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • 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

AAO footnote raises but does not resolve whether 'cargo and freight agent' qualifies as a profession under 8 C.F.R. 204.5(k)(2), citing O*NET data showing only a high-school-diploma requirement; it declines to disturb the Director's favorable threshold finding since not raised on appeal but instructs Petitioner to address this in any future filing.

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)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

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