NIW Bearings
dismissedJUL152024_06B52032024-07-15 · 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 proposed to establish a consulting business in Texas specializing in business intelligence and modernization of administrative, accounting, and controlling systems, offering services to small and medium-sized enterprises and financial courses to the Hispanic community and young adults.

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

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 classification as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

we adopt and affirm the Director's ultimate determination relating only to the national importance requirements under Dhanasar 's first prong with the added comments below.

AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

The AAO's analysis is largely procedural: it adopts and affirms the Director's national-importance determination without independently detailing the evidentiary shortcomings, and devotes most of its discussion to rejecting the Petitioner's harmless-error/failure-to-consider-evidence argument (citing Buletini, Shinseki, Molina-Martinez, and related cases) rather than substantively re-analyzing the endeavor's national importance. Prongs two and three were expressly reserved as unnecessary.

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
  • Buletini v. INS
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles