NIW Bearings
dismissedJUL252023_01B52032023-07-25 · appeal · Nebraska 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 independent trucking and logistics business owner, later claiming she would develop a mobile application for cargo handling in that industry.

Field: trucking and logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies for EB-2 classification as an advanced degree professional based on a foreign master's equivalent; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

In the initial filing, the Petitioner did not describe the proposed endeavor in detail
the Petitioner has not established that her proposed endeavor has national importance, as required by the first prong
the business plan provides very little information as to the specific purpose or functionality of the proposed mobile application
this claim is not supported by probative and persuasive evidence in the record

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan provides very little information as to the specific purpose or functionality of the proposed mobile application
    AAO decision text
  • resume experience · ignored
    These documents do not describe the proposed endeavor nor help establish its potential prospective impact
    AAO decision text
  • certification membership · ignored
    These documents do not describe the proposed endeavor nor help establish its potential prospective impact
    AAO decision text
  • degree · discounted
    the Petitioner did not submit a credential evaluation to establish the equivalence of this diploma to a degree
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO noted the appeal brief largely copied language from the business plan rather than addressing the Director's specific findings, and declined to reach prongs 2 and 3 after finding prong 1 dispositive.

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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(12)
  • 8 C.F.R. 103.3
  • Matter of Izummi
  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish national importance: business plan lacked concrete details (app functionality, product 'TBD') making claims of broad industry impact and revenue unsubstantiated and non-credible.

Transferable lesson

Develop and document a concrete product/plan with credible, specific evidence of scale and impact before filing; don't rely on generic industry statistics or undefined future plans.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles