NIW Bearings
dismissedMAR082024_01B52032024-03-08 · 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 legal analyst and entrepreneur, planned to develop a consultancy business advising U.S. and Brazilian clients on acquiring seasonal and long-term rental properties in Florida and forming corporate entities to optimize investment returns.

Field: real estate investment consultancy · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO agreed, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance.
These statements and the business plan, however, and are not supported by probative evidence to demonstrate his claims.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its clientele
these documents, however, do not include insight into how the endeavor proposed by the Petitioner is one that rises to a level of national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    generalized descriptions of the consultancy services...are not supported by probative evidence to demonstrate his claims.
    AAO decision text
  • other · discounted
    these documents...do not include insight into how the endeavor proposed by the Petitioner is one that rises to a level of national importance.
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

The AAO noted the Petitioner failed to identify any erroneous legal or factual determination in the Director's decision, merely asking for reconsideration without substantive argument, which the AAO cited as a procedural deficiency under 8 C.F.R. 103.3(a)(1)(v) even though it did not summarily dismiss on that basis.

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.

  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles