NIW Bearings
dismissedJUL142023_02B52032023-07-14 · 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 provide entrepreneurial business consulting services, software, and training to help U.S. small businesses and startups achieve sustainable expansion, growth, job creation, and employee retention.

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

EB-2 threshold — not met

Petitioner met only one of six exceptional-ability criteria (academic record); failed salary/remuneration (D), professional association membership (E) via WISE, and recognition of achievements/significant contributions (D) via letters, copyright, publications, and speaking engagements. Abandoned criteria (B) and (C).

Prong 1 — national importancenot established · dispositive

“The Petitioner has not demonstrated how conferring the benefit to their clients grows beyond their clients alone.”
“the record does not support the magnitude of the activity the Petitioner describes”
“mere copyright and registration does not illuminate the prospective positive impact of the system”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “these statements are not supported by any evidence in the record which reflects that these are noteworthy as achievements”
    AAO decision text
  • certification membership · discounted
    “WISE is not a professional association”
    AAO decision text
  • media · discounted
    “did not establish how the Petitioner's background and activities reflected exceptional ability or significant contributions to their field”
    AAO decision text
  • other · discounted
    “mere copyright and registration does not illuminate the prospective positive impact of the system”
    AAO decision text
  • contract revenue · discounted
    “the record does not reflect the salary or remuneration expected for individuals performing duties comparable to those the Petitioner intends to undertake”
    AAO decision text
All 6 evidence items
  • other · discounted
    “they do not support how the additional of entrepreneurial business consulting services... would benefit small business in a broad manner”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Local, not national scope · p1 — impact confined to clients / a region
  • occupation not profession · p1 — the occupation itself does not require an advanced degree
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Notable

AAO withdrew the Director's prior finding of EB-2 categorical eligibility (exceptional ability) sua sponte, finding Petitioner met only 1 of 6 criteria, notably rejecting membership in the World Institute of Scientology Enterprises (WISE) as a 'professional association.' Despite finding categorical ineligibility alone sufficient, AAO proceeded to also address prong 1 of Dhanasar since the Director had reached it, ultimately dismissing on both independent grounds while declining to reach prongs 2 and 3.

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.

  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Matter of L-A-C-
  • Matter of Y-B-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed both to meet three exceptional-ability criteria (only met one) and to show the consulting endeavor's benefits extended nationally beyond individual client businesses, i.e., lacked magnitude evidence.

Transferable lesson

Support claimed national/economic impact with quantitative, endeavor-specific data showing scale beyond direct clients, not generic sector statistics or client testimonials about personal skill.

Endeavor framing

vague

National-importance theory

economic_growth_generic · economic_job_creation

Evidence targeting

person_focused

Cases in adjacent profiles

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