NIW Bearings
dismissedJUL162024_10B52032024-07-16 · 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 operate a Florida-based company providing affordable, sustainable packaging solutions to small and medium enterprises, including manufacturing reusable/eco-friendly bags and reducing reliance on imported packaging.

Field: industrial engineering / sustainable packaging · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, Petitioner qualifies as an advanced degree professional (bachelor's equivalent plus experience).

Prong 1 — national importancenot established · dispositive

The Director correctly noted the Petitioner "repeatedly relies upon arguments related to the importance of the field, rather than the importance of the proposed endeavor."
it is not the importance of the field, industry, or profession in which the Petitioner will work, but the specific endeavor the individual proposes to undertake that establishes its national importance
The Petitioner's sources relating the value of the packaging industry supports our conclusion that her endeavor has substantial merit, however, they do not establish her endeavor's national importance.
the Company does not have a physical location, thus the Petitioner has not offered sufficient evidence to establish her business will have the impact she describes.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Company does not have a physical location, thus the Petitioner has not offered sufficient evidence to establish her business will have the impact she describes
    AAO decision text
  • other · discounted
    they do not establish her endeavor's national importance
    AAO decision text
  • resume experience · ignored
    relate to the second prong of Dhanasar's analytical framework, where we consider whether the Petitioner is well-positioned to advance her proposed endeavor
    AAO decision text
  • recommendation letter · ignored
    relate to the second prong of Dhanasar's analytical framework, where we consider whether the Petitioner is well-positioned to advance her proposed endeavor
    AAO decision text

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
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Notable

AAO withdrew the Director's unexplained finding that the endeavor lacked substantial merit but still dismissed the appeal, finding national importance unestablished; AAO also noted the Director had misstated the Petitioner's degree field (accounting vs. industrial engineering) but declined to remand for that error; AAO drew an adverse inference from inconsistent business address/registered-agent documentation.

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)
  • Buletini v. INS
  • INA 203(b)(2)
  • Matter of Ho
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles