NIW Bearings
dismissedFEB252025_07B52032025-02-25 · combined · 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, a business manager, proposed to operate a business administration consulting services company in Florida.

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

Prong 1 — national importancenot established · dispositive

Substantially impact job creation and economic growth, either regionally or nationally
Provide substantial economic benefits to Florida, the region, or the U.S. more broadly at a level commensurate with national importance
we correctly concluded the Petitioner had not adequately demonstrated that the potential prospective impact of her endeavor would rise to the level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the employment and financial projections from the business plan did not sufficiently demonstrate the endeavor would rise to the level of 'substantial positive economic effects'
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's skills, expertise, and abilities relate to the second prong of the Dhanasar framework
    AAO decision text
  • motion resubmission · discounted
    She does not, however, introduce any new evidence, or a new fact supported by documentary evidence
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Petitioner argued the AAO created an 'ultra vires requirement' by rephrasing Dhanasar's 'significant potential to employ U.S. workers' language into a stricter economic-impact standard; AAO rejected this as a misreading of its prior decision's illustrative reasoning rather than a new legal rule.

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. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • Matter of Coelho

Cases in adjacent profiles