NIW Bearings
dismissedJUN102024_02B52032024-06-10 · 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 run a trucking company specializing in the safe transport of expensive, rare, oversized, and prototype vehicles and equipment within the United States.

Field: trucking / specialized vehicle transportation · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO disagreed with the Director's finding that Petitioner qualified as an advanced degree professional, because he failed to submit certified translations of his foreign diploma and supplement, but did not base the dismissal on this ground since Petitioner was not previously on notice.

Prong 1 — national importancenot established · dispositive

The evidence provided does not demonstrate that this specific endeavor is of national importance.
the record does not establish that the Petitioner's proposed endeavor will sufficiently extend beyond his clients to affect the region or nation more broadly
the business plan does not adequately support these projections of job and revenue creation
makes conclusory statements on national importance without sufficient basis
the plan does not explain how these forecasts were calculated, or adequately clarify how these projections will be realized
It is not the importance of the field that determines an endeavor's national importance, but rather how the specific endeavor will impact the field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not specify how the Petitioner's business will contribute to the trucking industry or the economy on a nationally important level
    AAO decision text
  • recommendation letter · discounted
    the advisory opinion is of little probative value as Dr. [redacted] evaluation repeatedly makes conclusory statements on national importance without sufficient basis
    AAO decision text
  • business plan · discounted
    the plan does not explain how these forecasts were calculated, or adequately clarify how these projections will be realized
    AAO decision text
  • resume experience · discounted
    it points to the Petitioner's past accomplishments and experiences, not the specific endeavor's potential impact
    AAO decision text
  • degree · discounted
    we accord them no weight as we cannot determine whether they support the claim
    AAO decision text
All 6 evidence items
  • contract revenue · ignored
    The Petitioner does not explain how this evidence is relevant to national importance
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO found the Petitioner did not actually qualify as an advanced-degree professional (uncertified translations), but declined to base the dismissal on that unraised issue, instead instructing the Petitioner to address it 'in any further filings' while dismissing on prong 1 national importance grounds alone.

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)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles