NIW Bearings
dismissedJUN022023_01B52032023-06-02 · 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 initially proposed to continue working as a treasurer and controller providing financial services to U.S. companies, but later shifted to proposing to own and operate a residential and commercial cleaning company that would also offer financial consulting services.

Field: finance/treasury and controllership · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew the Director's finding of categorical ineligibility but noted the record still lacked sufficient evidence of advanced degree or exceptional ability status; did not reach a final determination since the NIW issue was dispositive.

Prong 1 — national importancenot established · dispositive

The Petitioner's materially significant transformation into an entrepreneur rendered their proposed endeavor ill-defined and amorphous.
It is difficult to comprehend how a residential and commercial cleaning company could provide complex financial and business consulting services
The Petitioner's ambitious expansion plans are not supported in the record.
It is not possible to determine the substantial merit and national importance of an endeavor when a Petitioner cannot consistently articulate the nature of the endeavor.
So the fact that the Petitioner' proposed endeavor may be in a HUBZone is wholly irrelevant to whether the Petitioner's endeavor rose to a level of national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner's ambitious expansion plans are not supported in the record.
    AAO decision text
  • recommendation letter · ignored
  • resume experience · discounted
    The first prong of the Dhanasar analytical framework is consequently unconcerned with the individual Petitioner.
    AAO decision text
  • other · discounted
    the fact that the Petitioner' proposed endeavor may be in a HUBZone is wholly irrelevant
    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
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Notable

AAO withdrew the Director's threshold EB-2 ineligibility finding as based on facts not in the record, but still found insufficient evidence of eligibility; case turned on the Petitioner materially changing the proposed endeavor mid-proceeding (from treasurer/controller role to owning a cleaning company), which the AAO treated as an impermissible material change under Matter of Izummi and Katigbak, rendering the endeavor too ambiguous to assess under prong 1.

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 Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles