NIW Bearings
dismissedJUL032023_01B52032023-07-03 · 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, a computer systems engineer/entrepreneur, proposed to provide information technology consulting services to small businesses, claiming benefits of job creation, tax revenue, and efficient business operations.

Field: computer systems engineering / information technology consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner identified the beneficial impact to the national interest of their proposed endeavor was, generally, job creation, tax revenue, and efficient business operations.
the record did not support that these benefits rose to a level of national importance either through their broader implications influencing matters in the national interest or potential positive economic effects

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record did not support that these benefits rose to a level of national importance
    AAO decision text
  • degree · discounted
    does not reflect that they have earned the single source equivalent of a U.S. master's degree in a field related to their endeavor
    AAO decision text
  • resume experience · discounted
    is not met with a demonstration of relevant education and a demonstration of skills from work experience standing alone
    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
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

In a footnote, the AAO expressed 'considerable doubts' about the Petitioner's categorical EB-2 eligibility and second-prong positioning, but expressly declined to reach these issues since the first-prong failure was dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not resolve unnecessary issues.

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