NIW Bearings
dismissedMAR152024_04B52032024-03-15 · 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 civil engineer and project manager, proposed to operate his own U.S. consultancy providing construction project management services to residential and public-sector clients, aiming to help companies optimize processes, reduce costs, and increase revenue.

Field: civil engineering / construction project management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

he has not shown that his proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact his field
these projections are not supported by details showing their basis or an explanation of how they will be achieved
he has not offered sufficient evidence that his endeavor offers Florida or the United States a substantial economic benefit through employment levels, tax revenue, or business activity
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
    he 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, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • other · discounted
    the relevant question is not the value of infrastructure projects, entrepreneurship, or the Petitioner's general occupation
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO agreed the endeavor had substantial merit but found no national importance, emphasizing that letters about the Petitioner's skills and general field-importance arguments (infrastructure, entrepreneurship benefits) were misplaced under prong 1 and belonged to prong 2 analysis not reached.

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