NIW Bearings
dismissedJUL162024_13B52032024-07-16 · 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 establish and serve as CEO of a financial consulting business in Florida providing services to small and start-up businesses, focused on delinquency rate reduction, accounts receivable management, and helping clients (especially those affected by COVID-19) with cost reduction, risk mitigation, and revenue growth.

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

EB-2 threshold — addressed

Director found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional (bachelor's degree plus five years progressive experience).

Prong 1 — national importancenot established · dispositive

“the evidence does not suggest that the Petitioner's work establishing a financial consulting business and hiring employees in a growing industry with a shortage of workers would impact the financial consulting field or the U.S. economy more broadly.”
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
“merely working in the financial consulting services field or starting a financial consulting business for small-sized and start-up businesses is insufficient to establish the national importance of the proposed endeavor.”
“The opinion's re-stating of the business plan's projected personnel and financial forecasts without providing a credible basis for these projections is not sufficient”
“Instead of focusing on the importance of an industry or field, or a shortage of workers in a field , we focus on the "the specific endeavor"”
“the opinion's focus on the importance of the financial services industry to the economy and societal welfare... is misplaced.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
    AAO decision text
  • recommendation letter · discounted
    “the opinion's focus on the importance of the financial services industry to the economy and societal welfare... is misplaced.”
    AAO decision text
  • media · discounted
    “their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.”
    AAO decision text
  • degree · credited
  • resume experience · credited
All 6 evidence items
  • other · ignored
    “We will not consider this new evidence for the first time on appeal as it was not presented to the Director”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO declined to consider new evidence submitted for the first time on appeal (articles re COVID-19, debt ceiling, accounting firms), applying Matter of Soriano's rule that evidence not presented to the Director after opportunity to do so will not be considered on appeal. Petitioner unsuccessfully argued his endeavor aligned with the American Rescue Plan; AAO rejected linking general policy importance to the specific endeavor's national importance.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-

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