NIW Bearings
dismissedJUL122024_06B52032024-07-12 · 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 sought to expand her Florida-registered consulting company to provide business management, expansion, and internationalization consulting services connecting Brazilian and American brands.

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

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

we conclude that the record does not show the Petitioner's proposed endeavor stands to sufficiently extend beyond her clientele to impact the field of small businesses
she has not offered sufficient evidence that the area where C-B- LLC operates is economically depressed
it does not demonstrate that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects"
she has not shown that the prospective impact of the consulting services performed by her company represents a significant share of the financial or business management consulting industry

AAO decision text

How the evidence was treated

  • business plan · discounted
    it does not demonstrate that benefits to the regional or national economy... would reach the level of "substantial positive economic effects"
    AAO decision text
  • other · discounted
    she has not provided copies of the articles and studies referenced for the record
    AAO decision text
  • contract revenue · discounted
    the projected revenues outlined in the business plan indicate that her company has growth potential, it does not demonstrate... substantial positive economic effects
    AAO decision text
  • recommendation letter · ignored

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

Petitioner relied heavily on indirect-jobs multiplier calculations (2.076 indirect jobs per employee) and cited outside articles/studies without providing copies, which the AAO noted was unsubstantiated.

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.

  • Matter of L-A-C-

Cases in adjacent profiles