NIW Bearings
dismissedJUL152024_01B52032024-07-15 · combined · 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 business consultant, proposed to work as a business management specialist through his own company, providing consulting services such as cross-border investment structuring, business planning, marketing strategy, financial organization, and management education to small and midsize enterprises.

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

Prong 1 — national importancenot established · dispositive

the record does not show that his specific proposed endeavor's impact stands to sufficiently extend beyond his own company and its clientele
the Petitioner had not demonstrated that his revenue projections and potential business activity...would provide a significant economic benefit to the United States
the authors did not provide additional analysis or corroborating details to support the restated claims
the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the specific endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the authors did not provide additional analysis or corroborating details to support the restated claims
    AAO decision text
  • business plan · discounted
    does not sufficiently extend beyond his own company and its clientele to impact his field or industry
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work
    AAO decision text
  • motion resubmission · discounted
    The Petitioner has not established facts relevant to our appellate decision that would warrant reopening
    AAO decision text

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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner unsuccessfully argued the AAO erred by not applying Matter of E-L-H- (precedent binding effect) and by using a 'stricter standard'; AAO distinguished the facts from Dhanasar itself, noting the letters and expert opinions here lacked the specificity and independent corroboration present in that case. AAO reiterated it had reserved prongs 2 and 3 per Bagamasbad/L-A-C- since prong 1 was dispositive.

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. 103.5
  • Matter of Coelho
  • Matter of L-A-C-

Cases in adjacent profiles