NIW Bearings
dismissedMAR122024_04B52032024-03-12 · 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 business administrator, proposed to provide services in team management, direct sales, and leadership focused on sales and leadership industries, including training new leaders and developing sales campaigns.

Field: business administration/management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided any details regarding his techniques or methodologies, whether they are unavailable in the United States or better than that which is already offered in the United States
While individual employer or company may benefit from his business services, he has not offered a sufficient explanation or corroborating evidence for how this individual benefit rises to the level of national importance
Without evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work
merely working in an important field is insufficient to establish the national importance of the proposed endeavor

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the Petitioner's knowledge, skills, education, and experience are considerations under Dhanasar's second prong
    AAO decision text
  • recommendation letter · discounted
    they do not discuss the Petitioner's proposed endeavor or specific impact of his endeavor
    AAO decision text
  • other · discounted
    the expert opinion letter is not probative of the Petitioner's eligibility under the first prong of Dhanasar
    AAO decision text
  • business plan · discounted
    the Petitioner's proposed activities in his professional plan entail typical work of a business administrator
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

AAO cites Flores v. Garland (5th Cir. 2023) confirming NIW denials are discretionary; expert opinion letter's reliance on U.S.-Brazil non-NATO ally designation to argue national importance was rejected as not tied to Petitioner's actual proposed work.

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
  • Matter of L-A-C-

Cases in adjacent profiles