NIW Bearings
dismissedJUN132023_01B52032023-06-13 · 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 her existing Florida interior design and remodeling business, manage a luxury real estate interior-design project, and provide business consulting services to other entrepreneurs in the U.S.

Field: interior design / business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we conclude that the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework
the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her company or its clientele to impact her field, the real estate and construction industries, or the U.S. economy more broadly
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead we focus on the specific endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • other · discounted
    does not contain sufficient information and explanation ... to show that the Petitioner's specific proposed work ... offers broader implications
    AAO decision text
  • business plan · discounted
    did not state that her proposed endeavor was aimed at U.S. companies doing business or planning to do business in Brazil
    AAO decision text
  • other · discounted
    Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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

AAO expressly declines to reach prongs two and three, and also declines to remand for a threshold EB-2 classification determination since the appeal fails on prong one alone; decision states each ground is an independent and alternate basis for dismissal.

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show her endeavor's impact would extend beyond her own company and clientele to the broader field or U.S. economy, i.e., no evidence of national-scale effect.

Transferable lesson

Tie the specific proposed endeavor to quantifiable, broader-than-company impact (jobs, economic effects, field advancement) rather than generic industry statistics or personal credentials.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · us_competitiveness

Evidence targeting

person_focused

Cases in adjacent profiles