NIW Bearings
dismissedJUN042024_04B52032024-06-04 · 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 proposed to operate his own consultancy company in Florida, providing data science solutions and IT consulting services including solution architecture, leadership, and project management to businesses.

Field: data science / IT consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
the record does not include adequate corroborating evidence to show that the Petitioner's specific proposed endeavor offers broader implications in his field
the relevant question nonetheless is not the importance of the field, industry, or profession in which the individual will work
we conclude that the Petitioner has not shown his proposed endeavor stands to sufficiently extend beyond his clients to enhance societal welfare on a broader scale

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner 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
  • recommendation letter · ignored
  • other · discounted
    the record does not include adequate corroborating evidence to show that the Petitioner's specific proposed endeavor offers broader implications in his field
    AAO decision text

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

The Petitioner argued the Director committed abuse of discretion and misapplied law by overlooking evidence; AAO rejected the argument that Dhanasar does not require showing broader field impact. The Director had acknowledged substantial merit but found national importance, prong 2, and prong 3 all unmet; AAO only reached prong 1 as 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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles