NIW Bearings
dismissedJUL092024_11B52032024-07-09 · 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 sought to operate his own accounting and financial management consulting firm, providing tax consulting, financial advice, and financial statement services to individual and corporate clients in Virginia and Illinois.

Field: financial management and tax consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

it does not provide insight into his plan to operate a financial consultancy company or show how this specific endeavor would have a potential prospective impact of national importance
These claims do not, however, provide an objective basis for his projections, nor are the numbers corroborated by probative evidence
that reasoning is speculative and not based on any objective evidence related to his proposed endeavor
fluctuating opportunities within the general labor market do not demonstrate that his endeavor stands to have an impact on the financial or tax consultancy industries
the statement does not describe what access or practices the Petitioner's firm will introduce

AAO decision text

How the evidence was treated

  • business plan · discounted
    the information in the business plan is not supported by objective evidence to demonstrate how his firm would have a prospective national impact
    AAO decision text
  • other · discounted
    this material provides general information related to the field ... it does not ... show how this specific endeavor would have a potential prospective impact
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO noted the appeal failed to specifically identify any erroneous conclusion of law or fact in the Director's decision, calling this 'alone ... grounds for dismissal' under 8 C.F.R. 103.3(a)(1)(v), before proceeding to address the merits anyway.

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