NIW Bearings
remandedJUN262024_03B52032024-06-26 · 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, a CPA and financial advisor, proposed to own and operate a Florida-based financial advisory and business consulting firm.

Field: accounting / financial advisory and business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Record supports finding Petitioner qualifies as advanced degree professional based on foreign equivalent bachelor's degree plus five years progressive experience.

How the evidence was treated

  • business plan · ignored
  • recommendation letter · ignored
  • funding · ignored
  • other · ignored

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO found the Director's denial itself insufficient for review because it was conclusory and failed to address most of the record and Dhanasar factors, remanding without reaching or opining on the merits of any prong.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's decision was conclusory, failed to analyze submitted evidence (business plan, expert letter, recommendations), misidentified the proposed endeavor after RFE, and omitted prongs 2 and 3 entirely, precluding meaningful appellate review.

Transferable lesson

Maintain a consistent, clearly stated endeavor description across filing and RFE response so adjudicators cannot claim confusion or material change in the claimed endeavor.

Endeavor framing

moderate

National-importance theory

economic_growth_generic · economic_job_creation

Evidence targeting

mixed

Cases in adjacent profiles