NIW Bearings
dismissedMAR142025_06B52032025-03-14 · 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 Brazilian lawyer, proposed to operate a consulting firm as CFO/CEO offering B2B consulting services to U.S. banks and financial institutions seeking to enter the Brazilian mortgage and real estate market, including training and advisory services.

Field: law / mortgage-and-real-estate consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

they do not discuss the specific impact of the Petitioner's consulting services on the mortgage industry or field as a whole
the relevant question here is not the importance of the industry or profession in which the individual will work
the letter lacks specific examples as to how a lone consulting company can make such substantial economic impact to the field
the record does not include any evidence-based justifications for its staffing projections and the need to hire additional employees
the Petitioner has not demonstrated that the proposed endeavor extends beyond her future clients, to impact the field or any other industries more broadly

AAO decision text

How the evidence was treated

  • other · discounted
    they do not discuss the specific impact of the Petitioner's consulting services on the mortgage industry or field as a whole
    AAO decision text
  • recommendation letter · discounted
    the letter lacks specific examples as to how a lone consulting company can make such substantial economic impact to the field
    AAO decision text
  • business plan · discounted
    the record does not include any evidence-based justifications for its staffing projections and the need to hire additional employees
    AAO decision text
  • degree · ignored

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 conclusory · p1letters praise skills in general terms without tracing specific impact
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Notable

In footnote 3, the AAO observes that the Director had found the Petitioner well-positioned under prong 2 without providing analysis, and expressly declines to resolve whether her background as a business lawyer makes her well-positioned to work as CEO of a mortgage consulting company, reserving the issue for future consideration.

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 E-M-

Cases in adjacent profiles