NIW Bearings
dismissedJAN252024_06B52032024-01-25 · 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 company providing nationwide long-distance freight hauling and transportation services based in Florida, with plans to hire and expand her fleet over ten years.

Field: long-distance freight hauling and transportation services · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance
the Petitioner has not shown her proposed endeavor stands to sufficiently extend beyond her employees and her company's customers to enhance societal welfare on a broader scale
she has not presented evidence indicating that the benefits to the regional or national economy resulting from her undertaking would reach the level of "substantial positive economic effects"
the relevant question is not the importance of the industry or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    The business plan lacks financial forecasts or similar types of projections.
    AAO decision text
  • recommendation letter · discounted
    these relate to the second Dhanasar prong... They do not establish what impact her endeavor will have.
    AAO decision text
  • resume experience · discounted
    these relate to the second Dhanasar prong, which is concerned with the Petitioner's ability to advance her endeavor.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

The Director failed to address prong 2, but AAO found this harmless error since prong 1 failure alone was dispositive; AAO explicitly declined to reach prongs 2 and 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 L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles