NIW Bearings
dismissedJUL112023_08B52032023-07-11 · 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 develop a company, Specialized Educational Services and Second Language Learning Institute, providing foreign language classes and specialized support for children with learning difficulties in the U.S. market.

Field: foreign language and special education services · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner has not established her proposed endeavor sufficiently extends beyond the company and its clientele to impact the industry or the field more broadly, at a level commensurate with national importance”
“the Petitioner did not demonstrate how her claimed employment and revenue projections, even if credible, have significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation”
“The Petitioner's contentions and submissions of industry articles and reports relates to the substantial merit of the proposed endeavor rather than the national importance.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner did not demonstrate how her claimed employment and revenue projections, even if credible, have significant potential to employ U.S. workers”
    AAO decision text
  • resume experience · discounted
    “those relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
    AAO decision text
  • other · discounted
    “relates to the substantial merit of the proposed endeavor rather than the national importance”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting fully independent analysis. A footnote clarifies no remand is needed to address the underlying EB-2 classification since NIW eligibility, the sole issue on appeal, was not established.

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.

  • Chen v. INS
  • Matter of L-A-C-
  • Poursina v. USCIS

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