NIW Bearings
dismissedJUN072021_02B52032021-06-07 · 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 grow a multimodal logistics consulting business in the U.S., providing logistics solutions to companies doing business abroad and attracting foreign investment to create additional U.S. businesses in the logistics industry.

Field: logistics/supply chain management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed Petitioner qualified as an advanced degree professional based on bachelor's degree plus five years of progressive experience and a one-year graduate certificate.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and clientele to impact his field or the U.S. economy more broadly
the record contains no similar documentation or evidence demonstrating that his logistics solutions will have a positive effect on the regional or national economy
there is insufficient evidence that such solutions will extend beyond the Petitioner's immediate clients to substantially benefit the supply chain management industry

AAO decision text

How the evidence was treated

  • business plan · discounted
    his business plan and proposed operations appear to rely primarily on retaining clients in need of specific solutions
    AAO decision text
  • contract revenue · discounted
    the record contains no similar documentation or evidence demonstrating that his logistics solutions will have a positive effect on the regional or national economy
    AAO decision text
  • recommendation letter · discounted
    there is insufficient evidence that such solutions will extend beyond the Petitioner's immediate clients
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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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.

  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles