NIW Bearings
dismissedJUN292023_05B52032023-06-29 · 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.

A Brazilian tax attorney sought to establish her own U.S.-based company in Florida to provide tax consulting and legal services to U.S. businesses and individuals with assets, income, or expansion interests in Brazil.

Field: tax law / tax consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew the Director's unexplained finding that the Petitioner lacked an advanced degree; her bachelor's degrees plus five years of progressive post-baccalaureate legal experience, supported by employer letters, satisfied 8 C.F.R. 204.5(k)(3)(i)(B).

Prong 1 — national importancenot established · dispositive

we conclude the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her own company or clientele to impact her field or the U.S. economy more broadly
we are not persuaded by the Petitioner's claim that her proposed endeavor has national importance due to the shortage of tax preparers
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work
Much of the content of the letter is lacking relevance because it discusses the importance of the Petitioner's industry and occupation rather than addressing how the specific proposed endeavor would satisfy the national importance element
the record does not contain sufficient evidence to reflect that the area where it will operate is economically depressed

AAO decision text

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • business plan · discounted
    does not demonstrate that the company's future staffing levels and tax consulting activity would provide substantial economic benefits in Florida or the United States
    AAO decision text
  • recommendation letter · discounted
    lacking relevance because it discusses the importance of the Petitioner's industry and occupation rather than addressing how the specific proposed endeavor would satisfy the national importance element
    AAO decision text
  • other · discounted
    shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO withdrew the Director's threshold advanced-degree finding for lack of explanation, yet still dismissed the appeal on prong 1 alone, expressly reserving prongs 2 and 3 even though the Director had found those favorable to the Petitioner.

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
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles