NIW Bearings
dismissedJUL312024_02B52032024-07-31 · 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 establish a consulting, advisory, and training business in project management focused on information technology, implementation, and systems management in Florida.

Field: IT project management / consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed Petitioner qualified for EB-2 as advanced degree professional; only the waiver issue was on appeal.

Prong 1 — national importancenot established · dispositive

“The Director determined that the Petitioner did not establish that his proposed endeavor would have substantial positive economic effects or a broader impact on his field outside of his prospective company and clients.”
“This projected profit does not indicate a substantial positive economic effect in the Petitioner's field as the business plan states that in 2021 the management consulting industry in the United States generated $253.1 billion in revenue.”
“our assessment of national importance does not focus on the importance of issues affecting a field in general, rather it "focuses on the specific endeavor that the foreign national proposes to undertake."”
“The Petitioner has not established that his proposed endeavor would extend beyond his company's individual clients to impact these national interests more broadly.”
“none of the articles mention the Petitioner or address the potential prospective impact of his proposed endeavor.”
“the letters do not specifically address his proposed endeavor and any impact it would have in his field.”
“The expert also does not specify how the Petitioner's work would extend beyond individual businesses to impact trade or other significant relations between Brazil and the United States.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “does not indicate a substantial positive economic effect in the Petitioner's field”
    AAO decision text
  • media · discounted
    “none of the articles mention the Petitioner or address the potential prospective impact of his proposed endeavor”
    AAO decision text
  • recommendation letter · discounted
    “the letters do not specifically address his proposed endeavor and any impact it would have in his field”
    AAO decision text
  • citations publications · discounted
    “He did not submit evidence that his book has been cited by other IT project management professionals or has otherwise significantly contributed to his field.”
    AAO decision text
  • other · discounted
    “The Petitioner has not established that his proposed endeavor would extend beyond his company's individual clients to impact these national interests more broadly.”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1 — impact confined to clients / a region
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 cited a Fifth Circuit case (Flores v. Garland) confirming NIW denials are discretionary in nature, joining other circuits on this 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
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

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