NIW Bearings
dismissedJUN072023_01B52032023-06-07 · 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 open a financial and business management consultancy in the U.S. serving small businesses and international trade with Brazil, and to help hospitals implement a Patient Blood Management cost-reduction program.

Field: financial and business management consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the petitioner's proposed endeavor stands to sufficiently extend beyond an organization and its clients to impact the industry more broadly.
such aggregate figures do not establish the impact of individual consulting businesses, such as the one the Petitioner proposes to establish.
The Petitioner did not establish that this level of employment dispersed over a large geographical area would have the substantial economic effects contemplated in Dhanasar.
The Petitioner provided figures indicating that his work has benefited individual customers, but does not show the wider benefit beyond those clients.
The Petitioner must establish the importance of his specific endeavor, rather than the overall area, such as international trade, that encompasses that endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    such aggregate figures do not establish the impact of individual consulting businesses, such as the one the Petitioner proposes to establish.
    AAO decision text
  • certification membership · discounted
    the intended audience was health care workers.
    AAO decision text
  • resume experience · discounted
    it does not inherently lend national importance to that endeavor.
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO scrutinized the Petitioner's characterization of the Patient Blood Management (PBM) program as a 'business methodology,' finding that WHO materials and the Petitioner's own CME certificate instead identify it as a health care strategy aimed at medical institutions, undercutting the claimed national importance of the consulting endeavor.

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