NIW Bearings
dismissedMAR102022_02B52032022-03-10 · 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, an accountant who founded her own Florida-based accounting services company, proposed to provide bookkeeping, tax planning, and consulting services to U.S. companies, including those doing business with Brazil.

Field: accounting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner' s proposed endeavor stands to sufficiently extend beyond her company and its clientele to impact the accounting field or the U. S. economy more broadly
she has not shown that her company's future staffing levels and business activity stand to provide substantial economic benefits in Florida or the United States
she did not elaborate on these projections or provide evidence supporting the need for these additional employees
she did not adequately explain how these sales forecasts were calculated
the relevant question is not the importance of the field, industry, or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    she did not elaborate on these projections or provide evidence supporting the need for these additional employees
    AAO decision text
  • recommendation letter · discounted
    relate to the second prong of the Dhanasar framework... The issue here is whether the specific endeavor... has national importance
    AAO decision text
  • contract revenue · discounted
    it does not demonstrate that the benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects"
    AAO decision text
  • other · credited

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 found substantial merit was established but national importance was not; the record included general field-outlook articles (accounting industry trends, IRS resources) which the AAO treated as evidence of the field's importance rather than the specific endeavor's importance.

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.

  • Section 291 of the Act

Cases in adjacent profiles