NIW Bearings
dismissedJUN232022_02B52032021-06-23 · appeal · Nebraska 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 his real estate development company, expanding into affordable modular housing built using 3D-printed panel technology.

Field: real estate development / affordable modular housing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

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
he provided little basis for such numbers
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its clientele
he has not sufficiently demonstrated that his specific proposed endeavor has significant potential to employ U.S. workers

AAO decision text

How the evidence was treated

  • business plan · discounted
    he provided little basis for such numbers
    AAO decision text
  • contract revenue · discounted
    during the Petitioner's first two years of business... the business actually operated at a net profit loss
    AAO decision text
  • resume experience · discounted
    his education and past experience, however, are considerations under Dhanasar's second prong
    AAO decision text

Where this case turned

  • 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
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 noted an unresolved inconsistency in the record regarding whether the subsidiary company actually produces 3D-printed panels itself or relies on a separate contracted company, citing Matter of Ho, though this was not the dispositive basis for denial. AAO also noted the business plan's profit projections were contradicted by the company's actual reported net loss during its first two years.

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 Ho
  • Matter of L-A-C-

Cases in adjacent profiles