NIW Bearings
dismissedJAN242024_03B52032024-01-24 · 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 found and lead a startup offering a digital subscription-based content library and learning platform to train and upskill the life sciences workforce.

Field: health and life sciences workforce training/education · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as an advanced degree professional based on his MBA.

Prong 1 — national importancenot established · dispositive

“the evidence did not demonstrate the potential prospective impact of the endeavor beyond the company and its clients”
“These articles do not discuss the Petitioner's proposed endeavor, its potential impact, or otherwise demonstrate that the endeavor stands to have an impact on these industry hiring challenges that would rise to the level of national importance.”
“the plan does not provide an explanation to support this assumption”
“we cannot assess whether the business plan's stated revenue projections and job creation estimates are credible”
“the Petitioner's claim here relies on the importance of the field in which he will work”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the plan does not provide a clear basis for these projections”
    AAO decision text
  • media · discounted
    “These articles do not discuss the Petitioner's proposed endeavor, its potential impact”
    AAO decision text
  • other · discounted
    “the Petitioner's claim here relies on the importance of the field in which he will work”
    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
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO explicitly withdrew part of the Director's reasoning (the 'immediate' potential to employ U.S. workers standard) while still affirming the ultimate denial on national importance; AAO also acknowledged the Director's decision was unclear/brief but found it legally sufficient for review under Matter of M-P-.

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-
  • Poursina v. USCIS

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