NIW Bearings
dismissedJUL182023_01B52032023-07-18 · 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 develop and expand his own company intended to act as a 'one-stop-shop' linking donors with social causes, helping nonprofit organizations improve their marketing and fundraising strategies.

Field: sales and marketing / nonprofit business consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

The record contained inconsistent transcripts (177 vs. 190 credits) from the same Brazilian university and failed to establish that the Petitioner completed a four-year degree program equivalent to a U.S. bachelor's degree, undermining his claim to advanced-degree professional classification.

Prong 1 — national importancenot established · dispositive

the record does not establish that the Petitioner's endeavor would have broad implications on a national or global scale
it does not adequately explain how these forecasts were calculated
the personnel and income projections that the Petitioner provided in his business plan are not sufficient to demonstrate substantial positive economic impact that would be broadly felt on a national or global scale
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employees and clientele to impact the nonprofit business consulting industry at a level commensurate with national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    it does not adequately explain how these forecasts were calculated
    AAO decision text
  • resume experience · discounted
    the Petitioner's skills, knowledge, and experience in his field relate to the second prong of the Dhanasar framework
    AAO decision text
  • degree · discounted
    these documents do not establish that he graduated from a four-year program
    AAO decision text
  • other · discounted
    The record therefore supports the Director's determination that the Petitioner's proposed endeavor has substantial merit; however, the endeavor's substantial merit notwithstanding, the Petitioner has not established that his endeavor rises to the level of national importance
    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
  • Local, not national scope · p1impact confined to clients / a region
1,312coded 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

AAO withdrew the Director's favorable threshold finding sua sponte due to inconsistent academic transcripts from a prior petition, even though the case turned dispositively on prong 1 national importance; the decision cites AACRAO EDGE as a credential-equivalency source and a prior denied petition by the same petitioner.

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
  • Matter of Ho
  • Poursina v. USCIS

Cases in adjacent profiles