NIW Bearings
dismissedJAN232024_07B52032024-01-23 · 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 create and operate a financial management consulting, advisory, and finance training company serving small and medium-sized businesses throughout Florida.

Field: financial management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's bachelor's degree was not followed by five years of progressive experience at time of filing, so she did not qualify as an advanced degree professional; AAO reserved the exceptional ability issue since the NIW prong 1 failure was dispositive.

Prong 1 — national importancenot established · dispositive

“Although this shows that her proposed endeavor in supporting small businesses has merit, it does not further the claim of its national importance.”
“Here, the record does not establish that her proposed endeavor stands to significantly impact the projected demand of the field as required by Dhanasar.”
“It is unclear from the Petitioner's brief or the business plan how the proposed endeavor will produce substantial positive economic effects in these economically depressed areas in Florida.”
“the business plan does not identify the types ofjobs that will be created by the Petitioner's proposed endeavor, the location of these jobs, the wages of these workers”
“Both these arguments speak of entrepreneurship as an industry and not the Petitioner's specific endeavor.”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond the businesses she proposes to serve to impact the industry more broadly”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the business plan does not identify the types of jobs that will be created by the Petitioner's proposed endeavor, the location of these jobs, the wages”
    AAO decision text
  • other · discounted
    “Although this shows prospective growth in the field, this does not show the proposed endeavor's prospective impact.”
    AAO decision text
  • recommendation letter · discounted
    “This evidence does not further demonstrate her proposed endeavor's national importance and is more relevant to a second prong analysis”
    AAO decision text
  • degree · discounted
    “the record does not show that this degree was followed by five years of progressive experience”
    AAO decision text
  • resume experience · discounted
    “at the time of filing, she did not have five years of experience after earning her bachelor's degree”
    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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO found the underlying EB-2 advanced-degree classification was not actually met (degree not followed by 5 years progressive experience) despite the Director having found it met below; AAO reserved that issue and the exceptional-ability alternative, resolving the appeal solely on Dhanasar prong 1 national importance grounds.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

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