NIW Bearings
dismissedJUL242024_07B52032024-07-24 · 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 serve as CEO/Entrepreneur-Investor of a U.S.-based company she co-owned, operating in the syringes and injection needle manufacturing industry, with plans to expand into multiple states and create direct and indirect jobs.

Field: syringes and injection needle manufacturing / business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record has not sufficiently corroborated those figures
the record does not support this level of claimed direct employment
merely operating in one or two important industries is insufficient to establish that her proposed endeavor has national importance
This description is inconsistent with the proposed endeavor stated in the Petitioner's statement and the May 2022 business plan.
the relevant question is not the importance of a particular field in which the individual will work

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they fail to establish, or discuss, the national importance of her proposed endeavor
    AAO decision text
  • business plan · discounted
    the Petitioner has not explained how the business's projected revenue, cost, net profit, and net income figures were derived
    AAO decision text
  • contract revenue · discounted
    the record has not sufficiently corroborated those figures
    AAO decision text
  • resume experience · ignored
    relevant to the second prong of the Matter of Dhanasar framework
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Material change of endeavor · p1the endeavor described on appeal is not the one filed
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Notable

The Petitioner's Form G-28 lacked a valid signature, so the AAO treated her as self-represented despite an attorney appearing to file the appeal. The AAO also noted an inconsistency between a recommendation letter describing the endeavor as an international business consulting firm and the Petitioner's own statement/business plan describing a syringes and injection needle manufacturing company, citing Matter of Ho on unexplained inconsistencies.

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
  • Flores v. Garland
  • Matter of Ho
  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to prove national importance: unsupported job/revenue projections, inconsistent endeavor descriptions, and impact dwarfed by industry scale even if claims accepted arguendo.

Transferable lesson

Corroborate financial projections with clear methodology, keep endeavor description consistent across filings, and show impact scaled against the broader industry, not just raw numbers.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic

Evidence targeting

person_focused

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