NIW Bearings
dismissedJUL012024_09B52032024-07-01 · 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 proposed to found a company offering modular nutrition and food-safety consulting services—including staff training, menu monitoring, and hygiene inspections—to schools and supermarkets in the United States.

Field: nutrition and food safety consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work
the prospective expansion of the business is not supported by details showing how it will be achieved
the projected job creation and revenues are not supported by details showing their basis or an explanation of how they will be achieved
she has not shown that her proposed endeavor stands to sufficiently extend beyond her company and its clientele to impact her field, nutrition, or the U.S. economy more broadly
It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims

AAO decision text

How the evidence was treated

  • business plan · discounted
    the projected job creation and revenues are not supported by details showing their basis or an explanation of how they will be achieved
    AAO decision text
  • recommendation letter · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
1,312coded 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

AAO explicitly declines to reach prongs 2 and 3, resting dismissal solely on national importance under prong 1, citing Bagamasbad and Matter of L-A-C- for declining unnecessary findings.

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.

  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles