NIW Bearings
dismissedJUL072025_03B52032025-07-07 · appeal

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 establish a U.S. IT consultancy specializing in serving pharmaceutical companies, applying a proprietary methodology integrating CRM, ERP, and analytics to improve data management, regulatory compliance, and operational efficiency.

Field: information technology consulting (pharmaceutical industry) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO found Petitioner qualifies as an advanced degree professional; not disputed.

Prong 1 — national importancenot established · dispositive

it is not apparent how the prospective impact of his work, research or otherwise would extend beyond the prospective employer and rise to a level that would be commensurate with having national importance
The plan does not offer any details showing [the projections' basis] or an explanation as to how they will be realized.
The record does not establish that the business would substantially affect the national economy.
The Petitioner has not demonstrated adoption of his methodology in the pharmaceutical or consulting industry or otherwise established its importance to his field.
the plan does not demonstrate the accuracy of its revenue projections

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not offer any details showing [the projections' basis] or an explanation as to how they will be realized
    AAO decision text
  • recommendation letter · discounted
    the letters do not mention his methodology or its purported importance in the field
    AAO decision text
  • media · discounted
    provide helpful background on the pharmaceutical industry
    AAO decision text
  • contract revenue · discounted
    the plan does not explain the "Churn rates" and "Recurring charges" included in its revenue projections
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Petitioner cited a 2025 non-precedent AAO decision involving a medical research application developer to support his national-importance argument; AAO distinguished it on facts (adoption evidence) and noted non-precedent decisions are not binding.

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(c)
  • Matter of Ho
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles