NIW Bearings
dismissedJUL122021_02B52032021-07-12 · 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, a real estate and construction entrepreneur with 27 years of experience, proposed to establish a company in the United States specializing in construction and real estate, building homes and apartments in underserved neighborhoods.

Field: construction, renovation, and real estate · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

he has not offered sufficient, specific information and evidence to demonstrate that the prospective impact of his specific proposed endeavor rises to the level of national importance.
the Petitioner, however, did not offer any relevant supporting evidence, such as a credible business plan, to corroborate his assertions
The Petitioner's experience and abilities in his field, however, relate to the second prong of the Dhanasar framework
he did not, for instance, show any credible business revenue projections to substantiate that his company's future business activity stands to provide substantial economic benefits

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not offer any relevant supporting evidence, such as a credible business plan, to corroborate his assertions
    AAO decision text
  • other · discounted
    the Petitioner submits, and the record contains, evidence regarding general information relating to real estate and the housing market
    AAO decision text
  • resume experience · discounted
    The Petitioner's experience and abilities in his field, however, relate to the second prong of the Dhanasar framework
    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
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Notable

Decision explicitly notes the Director found the petitioner satisfied prong 1's substantial merit component but not national importance; AAO frames dismissal as resting on multiple independent and alternate bases.

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.

  • Poursina v. USCIS

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