NIW Bearings
dismissedJAN032025_04B52032025-01-03 · 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 proposed to work as a Sustainability and Business Intelligence Consultant, aiming to help U.S. companies with sustainability initiatives, reduce carbon emissions, and promote economic growth using data analysis and agile methodologies.

Field: sustainability and business intelligence consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO reserved the exceptional-ability classification issue, deciding the case on the NIW prong instead.

Prong 1 — national importancenot established · dispositive

the record does not establish the Petitioner's proposed endeavor would have broad enough impact sufficient to rise to the level of national importance
the record does not include any forecasts regarding job creation, revenue and wages
General assertions of economic impact are not sufficient to establish the actual potential economic impact of the proposed endeavor
the record does not include adequate corroborating evidence to show what the Petitioner's proposed work entails and how that endeavor offers broader implications

AAO decision text

How the evidence was treated

  • other · discounted
    it is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

Petitioner alleged the Director's denial was influenced by racial prejudice; AAO rejected this as unsupported. AAO also found the petitioner had impermissibly changed his proposed endeavor mid-petition (from Business Intelligence/Sustainability Consultant to Agile Consultant/Technology Project Manager) under Matter of Izummi, and declined to consider the amended endeavor.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Izummi
  • Matter of Katigbak

Cases in adjacent profiles