NIW Bearings
dismissedMAR012023_04B52032023-03-01 · 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 proposed to establish and operate an event planning company in the United States that would offer event-planning services and publish a marketing magazine featuring advertisements for related vendor services such as catering.

Field: event planning · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

We agree with the Director's determination that the creation of 10 jobs within five years is not sufficient to show a substantial positive economic effect commensurate with national importance.
the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her company and its clientele to impact the event planning industry or the U.S. economy at a level commensurate with national importance
the expert opinion letter is of little probative value as it overstates the evidence in the record and conflates the importance of the event planning industry overall with the national importance of the Petitioner's specific endeavor
we conclude the business plan does not sufficiently demonstrate that the cultural impact will extend beyond the attendees at the Petitioner's events to benefit society at a level commensurate with national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not sufficiently demonstrate that the cultural impact will extend beyond the attendees at the Petitioner's events
    AAO decision text
  • media · discounted
    does not establish that her proposed endeavor of operating an event planning company will have national or global implications within that field
    AAO decision text
  • recommendation letter · discounted
    these letters do not describe the Petitioner's proposed endeavor or help establish its national importance
    AAO decision text
  • resume experience · discounted
    these letters do not describe the Petitioner's proposed endeavor or help establish its national importance
    AAO decision text
  • certification membership · discounted
    the record does not establish the number of individuals she would reach nor the impact her mentorship would have
    AAO decision text
All 6 evidence items
  • other · discounted
    the expert opinion letter is of little probative value as it overstates the evidence in the record
    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
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Notable

The AAO explicitly acknowledged the Director's analysis was incomplete/could be read too narrowly (limiting national importance to economic effects) but still affirmed the denial after its own de novo review of all evidence, including evidence originally submitted to support an exceptional-ability claim that the Director never reached.

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 L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles