NIW Bearings
dismissedJUN202025_01B52032025-06-20 · appeal

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 his co-owned trucking and financial consulting company, serving as CEO, financial manager, and accountant, while providing financial management services to other trucking businesses.

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

EB-2 threshold — addressed

SCOPS found and AAO did not dispute that Petitioner is eligible as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which the individual will work
merely working in an important industry or field does not establish the national importance of the proposed endeavor
the record does not establish that the Company's impact would extend beyond its clients and customers
none of the letters describe the on-going use of the Company's services and therefore cannot serve as a basis for the Company's assertions
hiring a limited number of contracted or part-time workers is not sufficient, without more, to be considered of national importance
the zip code where the Company is located is considered "comfortable," which is the second-highest rating (out of five possibilities)

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner did not provide a valuation of the Company to establish that it is a multimillion-dollar enterprise; as such this assertion is unverified.
    AAO decision text
  • recommendation letter · discounted
    this letter does not sufficiently demonstrate that the Petitioner's proposed endeavor will have a broader impact on the trucking or financial management industry
    AAO decision text
  • contract revenue · discounted
    none of agreements include complete compensation, rates of pay, or payment terms such that these agreements could establish that the Company generates revenue and creates jobs
    AAO decision text
  • resume experience · discounted
    the letter primarily focuses on the Petitioner's past work experience and accomplishments
    AAO decision text
  • other · discounted
    the zip code where the Company is located is considered "comfortable," which is the second-highest rating (out of five possibilities)
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • 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 distinguishes letters relevant to prong two (personal qualifications) from those relevant to prong one (endeavor's national importance), noting some letters described Petitioner's skills rather than the endeavor's broader impact. AAO also relies on the Distressed Communities Index (DCI) to reject the Petitioner's claim that his business location was economically distressed.

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
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles