NIW Bearings
dismissedJUN202025_03B52032025-06-20 · 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, a logistics manager, planned to operate her own startup logistics consulting company in Florida that would provide clients a proprietary software dashboard to centralize and manage international import/export logistics.

Field: logistics/supply chain consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not dispute, that the petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the plan does not clarify whether "reaching out" will entail operating new staffed worksites in those locations, remotely providing services to clients in those locations, or some other type of operational posture
the business plan also provides arbitrary, unsubstantiated financial information
neither the plan nor the remainder of the record clarify why the company would generate such specific revenue amounts in any given year
the proposed endeavor appears to benefit the Petitioner's company and its clients

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan provides arbitrary, unsubstantiated financial information
    AAO decision text
  • other · discounted
    do not discuss the Petitioner, the specific endeavor she proposes to undertake, and how the specific endeavor may have the type of broader implications
    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
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
1,312coded 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 reserved judgment on substantial merit and on prongs 2 and 3, resting the entire dismissal on national importance alone; it also invoked Matter of Ho's 'doubt cast on any aspect of proof' principle to extend the business plan's unreliability to the rest of the record.

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.

  • Flores v. Garland
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles