NIW Bearings
dismissedMAR092026_01B52032026-03-09 · appeal

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, who co-owns a fiber optic splicing company serving internet service providers, proposed to expand the company's operations and add fiber optic line construction services.

Field: electronics engineering / telecommunications (fiber optic splicing and construction) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not dispute, that Petitioner qualifies as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner has not shown, and the record does not delineate, how the impact resulting from his individual company's fiber optic services would sufficiently extend beyond his company and its clients to impact the industry, region, or nation more broadly
working in an important field, even one that is the subject of national initiatives, is insufficient in and of itself to establish the national importance of the proposed endeavor
he did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects" contemplated by Dhanasar
the Petitioner did not demonstrate the relevance of these numbers and show that such staffing levels provide substantial economic benefits to the Vermont region or the U.S. economy
although the letters express general support for the Petitioner, they do not discuss the Petitioner's specific endeavor or potential impact thereof

AAO decision text

How the evidence was treated

  • business plan · discounted
    he has offered little evidence to support his assertions and figures in his plan
    AAO decision text
  • recommendation letter · discounted
    these letters are of limited probative value in determining the endeavor's national importance
    AAO decision text
  • media · discounted
    the Petitioner's arguments and evidence focus on the general importance of his industry without sufficiently establishing how his individual services would have broader 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
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • 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

AAO rejected the argument that alignment with the Federal Fiber to Home program inherently established national importance, reiterating that work in an important field or national initiative is insufficient absent evidence tying the specific endeavor's impact beyond the petitioner's own company and clients.

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)

Cases in adjacent profiles