NIW Bearings
dismissedJUL292024_13B52032024-07-29 · 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 start and direct a Florida-based consulting company providing individualized farm-visit services in animal breeding, genetics, and sustainable agricultural practices to farmers and ranchers nationwide.

Field: agribusiness/animal science consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Petitioner's five-year Title of Zootechnics degree and Master in Zootechnics degree satisfied the advanced-degree professional requirement.

Prong 1 — national importancenot established · dispositive

this geographical focus is insufficient to show that her activities and those of her company would have the broader impact on the meat and dairy industries in the United States that she claims
the record lacks evidence that even the indirect economic effects of the agribusiness consulting services to be provided by the Petitioner's company would substantially impact the regional or national economy
these reports and articles do not address or support the national importance of the Petitioner's specific proposed endeavor of providing agribusiness consulting to individual small and medium-sized farms and ranches
she does not elaborate on the nature of these innovations other than to refer to "customized consulting services," and again does not describe how any innovations would be widely disseminated

AAO decision text

How the evidence was treated

  • business plan · discounted
    These services are individualized and not applicable to additional farms and ranches, and therefore can only potentially transform a particular client's facilities and operations.
    AAO decision text
  • media · discounted
    these reports and articles do not address or support the national importance of the Petitioner's specific proposed endeavor
    AAO decision text
  • motion resubmission · ignored
    the AAO will not accept evidence offered for the first time on appeal
    AAO decision text
  • degree · credited

Where this case turned

  • 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
2,501coded 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 declined to accept additional USDA reports submitted for the first time on appeal, citing Matter of Soriano and Matter of Obaigbena. AAO also cited Flores v. Garland (5th Cir. 2023) for the proposition that NIW adjudication is discretionary in nature, joining other circuits on that point.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles