NIW Bearings
dismissedMAR052024_04B52032024-03-05 · appeal · Nebraska 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 open her own business-consulting company in California, offering general consulting services and a five-week 'critical thinking and business strategy' training program to entrepreneurs.

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

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner's references to generalized information regarding "the U.S. business coaching industry" do not establish how the proposed endeavor may have national importance
The services the Petitioner's company would provide appear to benefit the company's potential clients and customers.
the record does not establish how employing three or even 10 workers in California... demonstrates a "significant potential to employ U.S. workers or ... other substantial positive economic effects"
the record does not establish how the 20 indirect, unspecified jobs in unspecified locations the business plan anticipates will result from the proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not establish how the proposed endeavor may have 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
  • 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

AAO explicitly distinguishes the importance of the 'business coaching industry' generally from the importance of the specific endeavor, reiterating Dhanasar's focus on the individual endeavor rather than the field; appeal dismissed solely on prong 1 with prongs 2 and 3 expressly reserved.

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-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the small consulting business's projected hiring (3-10 workers) and indirect jobs had national-level significance beyond local clients/company.

Transferable lesson

Quantify and contextualize projected job creation/economic effects against a national or regionally depressed benchmark, not just industry-wide generalities.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles