NIW Bearings
dismissedJUL222021_02B52032021-07-22 · 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 expand his digital signage company, which provides hardware, software, and services to retail stores, government agencies, and professional firms, in the United States and internationally.

Field: digital signage / marketing technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided sufficient evidence that his endeavor has national importance, which focuses on the "the specific endeavor that the foreign national proposes to undertake,"
we conclude that the record does not show that the Petitioner' s proposed endeavor stands to sufficiently extend beyond his company, business partnerships, and clientele to imp act the marketing field more broadly
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
it has not provided evidence to substantiate the projected rate of growth
he has not offered evidence to support this claim, which he made for this first time on appeal

AAO decision text

How the evidence was treated

  • business plan · discounted
    it has not provided evidence to substantiate the projected rate of growth
    AAO decision text
  • other · discounted
    The Petitioner did not expand on the basis for making this claim or provide evidence of his company's placement
    AAO decision text
  • contract revenue · discounted
    he has not explained how the benefits to the regional or national economy would reach 1he level of "substantial positive economic effects"
    AAO decision text
  • other · discounted
    the Petitioner has not offered evidence to support this claim, which he made for this first time on appeal
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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 rejected a new claim raised for the first time on appeal (that the endeavor would impact the medical field) as an impermissible material change under Matter of Izummi. The decision explicitly frames each stated basis as an independent and alternate ground for dismissal, though only prong 1 was substantively analyzed.

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)
  • INA 291
  • Matter of Izummi
  • Poursina v. USCIS

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