NIW Bearings
dismissedJUL182024_05B52032024-07-18 · 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, an accountant, proposed to operate a consultancy providing AI-driven financial management services to small and medium-sized businesses to improve their financial performance post-pandemic.

Field: accounting/financial management services with AI applications · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“her endeavor does not include any specific plans or demonstrate that the benefits to the regional or national economy resulting from her endeavor would reach the level of "substantial positive economic effects"”
“she has not shown with sufficient evidence how her proposed endeavor stands to sufficiently extend beyond her potential clients or the industry or fields that her clients are involved in”
“We recognize the importance of the accounting and financial services industry as well as the impact that Al can have on the economic performance of businesses; however, the Petitioner's stated intention to provide financial management services with a goal towards promoting the use of Al for small businesses ... is insufficient to establish the national importance of the Petitioner's specific proposed endeavor”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “she has not been established this claim through independent and objective evidence”
    AAO decision text
  • business plan · discounted
    “her endeavor does not include any specific plans or demonstrate that the benefits ... would reach the level of "substantial positive economic effects"”
    AAO decision text
  • other · discounted
    “reports and articles regarding the importance of small businesses to the U.S. economy ... is insufficient to establish the national importance”
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO rejected Petitioner's argument that employing U.S. workers is merely optional evidence under Dhanasar, but ultimately based dismissal on lack of concrete economic impact evidence beyond generalized claims about SME importance and AI initiatives.

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.

  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles