NIW Bearings
dismissedJUN032020_03B52032020-06-03 · 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.

Petitioner sought to establish a Florida-based company importing and eventually designing fitness and training equipment (e.g., treadmills) designed in Brazil, for sale via e-commerce and national retail chains in the U.S. and export to other countries.

Field: fitness and sports training equipment / mechanical engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner established advanced degree equivalency via bachelor's degree plus five years progressive post-baccalaureate experience; translations found sufficient, Director's translation-based denial withdrawn.

Prong 1 — national importancenot established · dispositive

“we find that the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his company to impact his field, U.S. exports, public health, or the fitness industry more broadly”
“he has not offered sufficient evidence that the area wherel I operates is economically depressed, that he would employ a significant population of workers in that area”
“The Petitioner, however, does not adequately explain how these sales forecasts were calculated.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”
    AAO decision text
  • contract revenue · discounted
    “The Petitioner, however, does not adequately explain how these sales forecasts were calculated.”
    AAO decision text
  • resume experience · credited
  • degree · credited

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
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO also noted an independent, alternate basis for dismissal: Petitioner failed to execute Form ETA-750B, deemed a failure to properly apply for the NIW at all. Director's translation-certification denial was withdrawn as erroneous. Petitioner formed the company after filing the petition, undermining the 'eligibility at time of filing' requirement; noted but not separately 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)(3)
  • 8 C.F.R. 204.5(k)(2)
  • Poursina v. USCIS

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