NIW Bearings
dismissedJUL092024_08B52032024-07-09 · 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 provide data-integration consultancy services to legal entities across various industries (oil and gas, manufacturing, construction, biotechnology), based initially in Florida with planned regional expansion.

Field: data integration consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

did not demonstrate that his proposed endeavor would extend beyond his company and customers to impact his field more broadly
the evidence does not establish the national importance of the proposed endeavor as required by the first prong of the Dhanasar precedent decision
the record does not establish his endeavor would have a broad national impact on the consulting industry
nor does it show what substantial economic benefits 9 new jobs would have on the country or in the region where he proposes to operate

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide the detail and specificity needed, with supporting documentation, to show how his consulting services would impact
    AAO decision text
  • recommendation letter · ignored
  • resume experience · ignored
  • media · 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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO explicitly disagreed with the Director's decision characterization, finding the Director did not actually find substantial merit satisfied (footnote 2), and declined to decide that sub-issue since national importance alone was dispositive.

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-

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