NIW Bearings
dismissedJUL232024_03B52032024-07-23 · 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 proposed to work as a Public Administration Expert in Sports and open a company organizing sports events, conferences, and trainings connecting American sports industry representatives with CIS-country athletes, coaches, and federations.

Field: sports administration/business · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the matter here is not whether these topics are nationally important
the Petitioner did not demonstrate how her business would largely influence the field and rise to the level of national importance
the Petitioner did not present any supporting evidence, corroborating the assertions and figures
the Petitioner did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects"
the record does not demonstrate that, beyond the limited benefits provided to its prospective clients and employees, the Petitioner's proposed endeavor has broader implications rising to the level of having national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner did not present any supporting evidence, corroborating the assertions and figures
    AAO decision text
  • recommendation letter · discounted
    these letters relate more to the second prong rather than the first prong of the Dhanasar framework
    AAO decision text
  • other · ignored
    we will not consider it for the first time on appeal
    AAO decision text
  • contract revenue · discounted
    the Petitioner did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects"
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO declined to consider new evidence (investor letters) submitted for the first time on appeal, citing Matter of Soriano; letters of intent were characterized as relevant to prong 2 rather than prong 1.

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 L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the specific endeavor's impact extended beyond prospective clients/employees to the broader field or U.S. economy at a nationally significant scale.

Transferable lesson

Corroborate business plan projections with independent evidence and explicitly quantify/contextualize how projected jobs or revenue achieve national, not merely local, significance.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles