NIW Bearings
dismissedJUL212020_03B52032020-07-21 · 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 sought to work as an entrepreneur developing and investing in Florida real estate (residential, commercial, a car wash, and an armored vehicle store), while leveraging his network of Brazilian investors to attract foreign investment.

Field: real estate / entrepreneurship · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his business and real estate projects to impact or the U.S. economy or real estate market more broadly
he has not shown that his companies' future staffing levels, support of local contractors, and volume of real estate investment activity stand to provide substantial economic benefits
he has not offered sufficient evidence that the areas where he plans to conduct business and develop real estate are economically depressed

AAO decision text

How the evidence was treated

  • business plan · discounted
    he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
    AAO decision text
  • contract revenue · discounted
    he has not shown that his companies' future staffing levels, support of local contractors, and volume of real estate investment activity stand to provide substantial economic benefits
    AAO decision text
  • other · credited

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

The record included substantial general economic literature on immigrant entrepreneurship and housing affordability, which the AAO credited as showing the field's substantial merit but found insufficiently tied to the Petitioner's specific endeavor to establish 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.

  • Poursina v. USCIS

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