NIW Bearings
dismissedJUL142023_03B52032023-07-14 · 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, a computer and information systems manager, proposed to work in IT and eventually to found his own IT consulting company offering insurance management software, licensing, training, and consulting services.

Field: computer and information systems management / IT consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO agreed the Petitioner established eligibility as an advanced degree professional based on a bachelor's equivalent degree plus over five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the evidence does not demonstrate that the Petitioner's company and its activities would have economic impacts beyond the clients it would serve
the relevant question is not the importance of the industry or profession in which the individual will work
the job creation and revenue projections included therein are not supported by details showing their basis or an explanation of how those projections will be realized
As the company is not yet formed and does not have a physical location, the Petitioner has not offered sufficient evidence that his business will be located in a HUBZone
he has not suggested that his proposed endeavor would lessen the shortage of trained IT professionals on a scale rising to the level of national importance
much of the content of the expert opinion letter lacked relevance and probative value with respect to the national importance of the Petitioner's proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the job creation and revenue projections included therein are not supported by details showing their basis
    AAO decision text
  • recommendation letter · discounted
    the submitted recommendation letters and other evidence do not contain sufficient detail to corroborate this claimed impact
    AAO decision text
  • other · discounted
    much of the content of the expert opinion letter lacked relevance and probative value with respect to the national importance
    AAO decision text
  • media · discounted
    the evidence does not demonstrate that the Petitioner's company and its activities would have economic impacts beyond the clients it would serve
    AAO decision text
  • resume experience · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • 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

The Petitioner attempted to analogize his intended HUBZone business location to an 'economically depressed area' for national importance purposes; the AAO rejected this as an inequitable comparison and noted the business was not yet formed. The AAO also found the submitted expert opinion letter internally inconsistent, as its author appeared to misunderstand the Petitioner's actual business model.

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
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles