NIW Bearings
dismissedJUN282024_09B52032024-06-28 · 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 project manager with vehicle-auction industry experience, proposed to start his own management consulting company in Florida to help small and medium-sized U.S. businesses improve profitability, operations, and compliance.

Field: business/management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 as member of professions with advanced degree; AAO agreed and did not disturb this finding.

Prong 1 — national importancenot established · dispositive

the potential for a limited contribution to a proclaimed national cause cannot, itself, be considered national in scope.
the potential prospective impact of the Petitioner's proposed activities, that constitute the endeavor, is mainly on the Petitioner's employees and its customers, and not beyond.
the relevant question is not the importance of the field, industry, or profession in which the individual will work
The Petitioner has not provided a sufficient foundation for these projections, such as the number and size of clients he will need to achieve them.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele to impact business management consulting more broadly

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner has not provided a sufficient foundation for these projections, such as the number and size of clients he will need to achieve them.
    AAO decision text
  • other · discounted
    fail to demonstrate how the petitioner's specific endeavor has national or even global 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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 cites a White House fact sheet on small business initiatives submitted by Petitioner and explicitly rejects the argument that alignment with a proclaimed national policy initiative establishes national scope.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles