NIW Bearings
dismissedMAR072025_03B52032025-03-07 · 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 serve as CEO of an IT consultancy company providing e-commerce website/application development, third-party integration, security enhancement, and digital transformation services to business clients.

Field: information technology / e-commerce consultancy · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed Petitioner qualified for EB-2 as advanced degree professional based on bachelor's degree in computer science and five-plus years of progressive experience.

Prong 1 — national importancenot established · dispositive

“The record does not establish that any of these technologies are unique or innovative or otherwise have national or even global implications in the Petitioner's field.”
“The record does not demonstrate that the company will operate in an economically depressed area and does not establish that the employment of up to 25 people is significantly high in the IT field.”
“the record does not demonstrate that such profit is significantly high in the IT industry or otherwise constitutes a substantial positive economic effect indicative of national importance.”
“None of the articles discuss the Petitioner's proposed endeavor.”
“our assessment of national importance does not focus on the importance of a field or occupation in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."”
“D-F- 2 states the Petitioner's business plan indicates his company "will provide complex technological solutions, taking into account the specifics and niche of each individual client," but does not discuss any impact the Petitioner's company would have in his field beyond his service to individual clients.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “The business plan does not establish that the Petitioner's company's work on e-commerce platforms and development has national importance.”
    AAO decision text
  • recommendation letter · discounted
    “but does not discuss any impact the Petitioner's company would have in his field beyond his service to individual clients.”
    AAO decision text
  • media · discounted
    “None of the articles discuss the Petitioner's proposed endeavor.”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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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-

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