NIW Bearings
dismissedJAN172024_02B52032024-01-17 · 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 operate a logistics consulting company in Florida to help supply chain businesses adjust strategy to demand and comply with regulatory standards.

Field: logistics/supply chain consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“the record is insufficient in demonstrating that the Petitioner's "proposed logistics solutions offer national or global implications within the logistics field or the supply chain management industry."”
“he has not offered a sufficient explanation and evidence for how such benefit to individual businesses rises to the level of national importance or will impact the field more broadly”
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
“the record does not provide sufficient evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work”
“The Petitioner's claims regarding his proposed endeavor's impact are too attenuated to sufficiently show "substantial positive economic effects" as contemplated by Dhanasar”
“the record does not contain supporting documents to demonstrate the basis for the business plan's financial and staffing projections”
“they do not provide details on his specific methodology or its impact on the industry overall”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not contain supporting documents to demonstrate the basis for the business plan's financial and staffing projections”
    AAO decision text
  • recommendation letter · discounted
    “they do not provide details on his specific methodology or its impact on the industry overall”
    AAO decision text
  • other · discounted
    “they do not offer any persuasive detail concerning the Petitioner's proposed endeavor or how his endeavor's impact would extend beyond companies that he will serve”
    AAO decision text
  • resume experience · ignored
  • contract revenue · ignored
All 6 evidence items
  • other · discounted
    “merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
    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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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 L-A-C-

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