NIW Bearings
dismissedJUN272024_02B52032024-06-27 · 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 work as a project manager through his own company, bidding on and fulfilling government procurement contracts to supply maintenance equipment and parts to railway companies.

Field: project management / railway maintenance and construction · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we agree with the Director that the Petitioner has not identified a specific proposed endeavor that he seeks to undertake.
He does not identify a specific railway project, location, or scope of services to be completed.
he does not provide details of those revenue streams, or the steps he would take to advance them.
the Petitioner has not established that the economic, scientific, or cultural impacts of his proposed endeavor would rise to the level of national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide a current or future staffing model for his company or support the revenue projections with probative documentation
    AAO decision text
  • contract revenue · discounted
    the Petitioner has not provided additional details regarding the contracts, the potential to win future contracts, or a greater explanation of the business model
    AAO decision text
  • media · discounted
    it does not establish the Petitioner's future plans or the national importance of the proposed endeavor
    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
  • 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

The decision includes a footnote citing Flores v. Garland (5th Cir. 2023) and other circuit precedent characterizing NIW grants as discretionary in nature, joining several other circuits on this point.

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
  • Matter of L-A-C-

Cases in adjacent profiles