NIW Bearings
dismissedJUL312024_09B52032024-07-31 · 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, a financial/accounting consultant, proposed to help develop and sustain the small business sector, especially in cities with low economic development, through digital media, private consultations, and training for entrepreneurs.

Field: financial and accounting consulting for small businesses · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we conclude the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her business and its clientele to impact her field, the consulting industry, or the U.S. economy more broadly at a level commensurate with national importance.
the issue here is not the national importance of the field, industry, or profession in which the individual will work; rather we focus on the "the specific endeavor that the foreign national proposes to undertake."
The record does not include any financial or employee projections for her business, along with a basis for such projections.
It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.
the Petitioner has not shown that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The Petitioner did not previously assert that the letters of recommendation were evidence that her proposed endeavor has national importance.
    AAO decision text
  • other · discounted
    none of the articles and industry reports discuss the Petitioner, the proposed endeavor, or how the proposed endeavor many have national or global implications within a particular field.
    AAO decision text
  • resume experience · discounted
    The Director noted the Petitioner's reference to her background and qualifications and stated that these are related to the second prong of the Dhanasar analytical 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
  • 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 agreed with Petitioner that the Director erred in discussing recommendation letters under prong 1 rather than prong 2, but this did not change the outcome; AAO declined to reach prong 3 as prong 1 failure was 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. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles