NIW Bearings
dismissedJUN142024_01B52032024-06-14 · 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 continue operating, as CEO, a U.S. LLC she and her spouse founded that provides management consulting services—strategy, operations, project/process management, and business process reengineering—to small and medium-sized enterprises and startups.

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

Prong 1 — national importancenot established · dispositive

the record does not show the prospective impact of the petitioner's specific proposed endeavor . . . beyond her own clients, customers, professional colleagues, students, or employer(s) for which she would provide her services.
These projections do not indicate that the business would affect the economy at a nationally important level.
she has not demonstrated that her specific business - alone - would have national implications for the U.S. economy or the management consulting field.
when combined with other businesses' activities, the Petitioner's consulting services might "contribute" to national economic growth and "enhance" U.S. competitiveness.
she has not demonstrated that her specific proposed business would affect the national economy or the management consulting field "more broadly."

AAO decision text

How the evidence was treated

  • business plan · discounted
    These projections do not indicate that the business would affect the economy at a nationally important level.
    AAO decision text
  • recommendation letter · discounted
    she has not demonstrated that her specific business - alone - would have national implications for the U.S. economy or the management consulting field.
    AAO decision text
  • contract revenue · discounted
    These projections do not indicate that the business would affect the economy at a nationally important level.
    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

AAO refused to consider a post-filing 'business expansion plan' submitted in response to an RFE, citing the material-change rule from Matter of Izummi and 8 C.F.R. 103.2(b)(1); this evidentiary point is treated as a footnote rather than a substantive prong failure code but influenced the national-importance analysis.

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)(1)
  • Matter of Izummi
  • Matter of L-A-C-

Cases in adjacent profiles