NIW Bearings
dismissedJUL122023_01B52032023-07-12 · 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, an IT professional with over 25 years of experience, proposed to establish his own IT consulting company focused on end-user computing and project management, with plans to eventually expand across the United States.

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

Prong 1 — national importancenot established · dispositive

the Petitioner has not demonstrated that his endeavor's impact would rise to the level of national importance
If the business employs less workers than the Petitioner claims, it might also generate less revenues
the record does not indicate that the business would benefit an economically depressed area
the Petitioner has not sufficiently demonstrated that his particular endeavor would generate enough U.S. jobs, attract enough investments

AAO decision text

How the evidence was treated

  • business plan · discounted
    the company's business plan details only five full-time employees
    AAO decision text
  • other · discounted
    industry reports and articles regarding the importance of immigrant entrepreneurs to the U.S. economy
    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

AAO agreed the endeavor had substantial merit (first prong element) but found national importance lacking due to discrepancy between claimed and actual employee counts in the business plan; declined to reach prongs 2 and 3 citing Bagamasbad.

Cases in adjacent profiles