NIW Bearings
dismissedJUL072023_06B52032023-07-07 · appeal · Nebraska 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 work as an entrepreneur owning and operating his own trucking company in Illinois, providing logistics services including pickup, packaging, and interstate transport of dry-van and refrigerated goods.

Field: trucking transportation business · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO agreed the Petitioner qualified as a member of the professions holding an advanced degree (MBA).

Prong 1 — national importancenot established · dispositive

He has not provided sufficient documentary evidence that his proposed endeavor to be the owner of his trucking company would impact the trucking industry more broadly rather than benefiting his own company and its clients.
However, the business plan does not provide sufficient details of the basis for these projections or adequately explain how this revenue will be realized.
In this case, since the expert opinion letter is referencing things not in the record and contains several conflicting statements, we give less weight to that evidence
In determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work
While the report and study referenced by the Petitioner indicate the importance of small businesses in the U.S. economy and competitiveness... they do not specifically establish that the Petitioner's proposed endeavor will have broader implications
Nor has the Petitioner demonstrated that any increase in his company's revenue stands to substantially affect economic activity regionally or nationally.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient details of the basis for these projections or adequately explain how this revenue will be realized
    AAO decision text
  • recommendation letter · discounted
    since the expert opinion letter is referencing things not in the record and contains several conflicting statements, we give less weight to that evidence
    AAO decision text
  • resume experience · discounted
  • other · discounted
    they do not specifically establish that the Petitioner's proposed endeavor will have broader implications in the U.S. economy
    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
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO gave reduced weight to an expert advisory opinion letter because it contained factual claims (years of experience, employment dates, number of employees) directly contradicted by the Petitioner's own resume, Form I-485, and ETA 750, illustrating a credibility-based discounting of a supporting letter rather than mere conclusory-language discounting.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-

Cases in adjacent profiles