NIW Bearings
dismissedFEB282022_01B52032022-02-28 · 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 planned to establish a company providing telecommunication consulting, training, project management, and security-system upgrade services related to fiber optic technology, including upgrades to real estate investment properties he owned.

Field: information and communications technology / telecommunications and fiber optics consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found the Petitioner qualifies as a member of the professions holding an advanced degree; only the national interest waiver prongs were at issue.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact the information and communication technology fields or the U.S. economy more broadly
he has not shown that his company's future staffing levels and consulting activity stand to provide substantial economic benefits in any particular region
the relevant question is not the importance of the field, industry, or profession in which the individual will work
he has not offered sufficient evidence that would employ a significant population of workers in an economically depressed area

AAO decision text

How the evidence was treated

  • business plan · discounted
    it does not demonstrate that the benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects"
    AAO decision text
  • recommendation letter · discounted
    The letters of support mainly focus on the Petitioner's skills, knowledge, and past work experience rather than the national importance of his proposed endeavor.
    AAO decision text
  • other · discounted

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO noted the Director had construed the petition as asserting three distinct endeavors, which the Petitioner contested on appeal, but the AAO did not resolve that dispute and instead analyzed the endeavor as described in the RFE response and business plan, finding it insufficient on prong one alone.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles