NIW Bearings
dismissedMAR202024_10B52032024-03-20 · 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 security manager, proposed to establish and lead a security consulting and services business in Maryland (with planned expansion to D.C. and Illinois) offering services such as physical security, threat assessments, investigations, and training.

Field: security management/consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed the Petitioner qualified as an advanced degree professional; this was not contested.

Prong 1 — national importancenot established · dispositive

“The Petitioner's claims that his security consulting and services business will benefit the local or U.S. economy have not been established through independent and objective evidence.”
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
“merely working in the security management field or starting a security consulting and services business is insufficient to establish the national importance of the proposed endeavor.”
“The industry reports and articles submitted do not discuss any projected U.S. economic impact or job creation specifically attributable to the Petitioner's proposed endeavor.”
“The opinion also lacks relevance since it does not address the Petitioner's proposed endeavor of establishing a security consulting and services business.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not sufficiently document the potential prospective impact, including the asserted economic benefits”
    AAO decision text
  • recommendation letter · discounted
    “The opinion also lacks relevance since it does not address the Petitioner's proposed endeavor of establishing a security consulting and services business.”
    AAO decision text
  • resume experience · discounted
    “the Petitioner's reliance on his professional experience and knowledge to establish the national importance of his proposed endeavor is misplaced”
    AAO decision text
  • media · discounted
    “The industry reports and articles submitted do not discuss any projected U.S. economic impact or job creation specifically attributable to the Petitioner's proposed endeavor.”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The AAO cites Flores v. Garland (5th Cir. 2023) for the proposition that NIW grant/denial is discretionary, joining several other circuits. The decision reserves prongs 2 and 3 entirely because prong 1 failure is dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of E-M-
  • Matter of L-A-C-

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