NIW Bearings
dismissedJAN312024_01B52032024-01-31 · 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 open a company offering leadership, communication, and personal-development training and coaching services to entrepreneurs, managers, and executives, targeting the Brazilian community in a specific U.S. area.

Field: business consulting / leadership and personal development training · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The evidence does not suggest that the Petitioner's skills differ from or improve upon those already available and in use in the United States.
Much of the Petitioner's evidence relates to the power and impact of entrepreneurship generally, rather than his specific proposed endeavor.
The Petitioner, however, did not sufficiently describe the origin or basis for these projections and, even if he had, they would not establish the national importance of the proposed endeavor.
Here, the Petitioner has not established how his individual employment as a coach specialist and owner of his own company would affect the U.S. economy more broadly consistent with national importance.
Here, the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not sufficiently describe the origin or basis for these projections and, even if he had, they would not establish the national importance
    AAO decision text
  • recommendation letter · discounted
    relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • media · discounted
    they are not specific to the Petitioner's field or the location of his proposed endeavor
    AAO decision text
  • resume experience · discounted
    relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • degree · ignored

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO explicitly distinguishes national importance analysis from petitioner's personal qualifications, noting the latter belongs to prong 2 even though only prong 1 was reached; cites Dhanasar's own teaching example as analogous.

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