NIW Bearings
dismissedFEB292024_01B52032024-02-29 · 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 proposed to manage his own U.S. cargo transportation company, offering household goods moving and storage services from a California base with planned expansion to other states.

Field: cargo transportation / logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

“The record does not establish how the Petitioner's company may have national or even global implications within the field of cargo transportation”
“The record does not establish how employing 13 or even 50 workers with the stated positions...demonstrates significant potential to employ U.S. workers”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the academic transcripts-and the remainder of the record-do not elaborate on the content of the courses beyond the subject titles”
“the document primarily provides generalized information regarding the transportation services industry”
“the record provides insufficient information regarding the extent to which the Petitioner has made progress toward achieving the proposed endeavor”
“the letter from...does not elaborate on its potential partnership with the Petitioner's company with sufficient information”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “provides limited, partial, and selective information regarding the extent to which the Petitioner may be well positioned”
    AAO decision text
  • degree · discounted
    “do not elaborate on the content of the courses beyond the subject titles”
    AAO decision text
  • certification membership · discounted
    “does not establish how the Petitioner's completion of English language courses and the Program on Terrorism and Security Studies may be material”
    AAO decision text
  • resume experience · discounted
    “does not establish how the Petitioner's employment experience relates to whether he may be well positioned”
    AAO decision text
  • recommendation letter · discounted
    “casting doubt on the identity of the signatory, which undermines the reliability and sufficiency of the letter”
    AAO decision text
All 6 evidence items
  • contract revenue · discounted
    “copies of contracts with various vendors for vague goods and services”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Local, not national scope · p1 — impact confined to clients / a region
  • Business plan speculative · p2 — projections without a documented basis or steps
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO withdrew the Director's favorable finding on national importance and identified two independent, dispositive bases for denial (prongs 1 and 2), while expressly reserving judgment on prong 3.

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
  • Matter of Ho
  • Matter of L-A-C-

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