NIW Bearings
dismissedJUL212020_02B52032020-07-21 · 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, a financial analyst working for a brokerage services company, proposed to continue serving U.S. companies and clients with financial restructuring, wealth management, and expansion into international markets such as Brazil and Latin America.

Field: financial analysis / wealth management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and clientele to impact the financial services industry or U.S. economy more broadly
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's financial projects would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    it is not necessary for him to have a job offer from a specific employer
    AAO decision text
  • other · discounted
    the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and clientele
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO credited substantial merit (citing extensive industry/economic reports) but found national importance unmet because impact was limited to employer/clientele; industry-wide reports on FDI and financial services deemed insufficient to tie to the specific endeavor. Decision explicitly declined to reach prongs 2 and 3.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles