NIW Bearings
dismissedMAR192024_01B52032024-03-19 · 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, working in pharmaceutical logistics, proposed to improve operational processes and grow hub locations to enhance the pharma logistics industry, claiming resulting employment and economic benefits.

Field: pharmaceutical logistics · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner improperly relies upon the importance of the industry and professions within in it
the Petitioner's personal statement does not provide sufficient detail of the basis for these projections
Without sufficient evidence regarding the projected U.S. economic impact or job creation directly attributable to his future work
The record does not contain sufficient evidentiary basis to conclude that the effects of his specific proposed endeavor will rise to the level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not analyze the Petitioner's specific proposed endeavor or offer evidence of its impact
    AAO decision text
  • resume experience · discounted
    outline the contributions he made to the industry in his previous employment and general assertions of potential
    AAO decision text
  • other · discounted
    the objective evidence in the record, such as the industry articles and reports, do not reference the Petitioner's specific proposed endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
2,501coded 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 expressly adopts and affirms the Director's prong-one analysis under Matter of Burbano while still providing individualized review, and rejects Petitioner's Buletini-based argument that USCIS abused its discretion by not addressing every piece of evidence individually.

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
  • Buletini v. INS
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles