NIW Bearings
dismissedMAR202024_11B52032024-03-20 · 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 sought to establish and operate an SAP/ERP software consulting company in Georgia providing advisory, development, implementation, support, and training services to client businesses.

Field: SAP/ERP software consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed Petitioner has foreign equivalent bachelor's degree in industrial engineering, but noted the work experience letter lacked a specific description of job duties as required by 8 C.F.R. 204.5(g)(1); this deficiency was flagged for future proceedings but not made dispositive here since the Director already found EB-2 qualification met.

Prong 1 — national importancenot established · dispositive

The business plan does not explain how the Petitioner's particular SAP software consulting services have the potential to result in the type of broad impact that would be commensurate with national importance.
the plan does not appear to provide any basis or support for the stated projections
these articles do not establish that the Petitioner's specific proposed endeavor-operating an SAP consulting firm-is nationally important
the Petitioner has not established that her SAP advisory services differ from those already available on the market, offer improvements or advancements that are replicable throughout the field
the Petitioner has not offered a sufficiently direct connection between her proposed endeavor and any demonstrable economic or social welfare effects

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not appear to provide any basis or support for the stated projections
    AAO decision text
  • resume experience · discounted
    does not contain a specific description of the Petitioner's job duties, as required by 8 C.F.R. § 204.5(g)(1)
    AAO decision text
  • other · discounted
    this evidence primarily relates to the industry or field, rather than the proposed endeavor
    AAO decision text
  • other · discounted
    these decisions were not published as precedent and therefore do not bind USCIS officers in future adjudications
    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
  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
1,312coded 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 explicitly disagreed with the Director's narrow focus on tax revenue as the sole measure of economic impact, clarifying that Dhanasar does not require economic impact evidence and that impact can be shown other ways, but still found the business plan's growth projections unsupported and affirmed the ultimate national importance failure. AAO also distinguished the Petitioner's cited non-precedent AAO decisions, noting two predated Dhanasar and the third (a metallurgical engineer case) involved a more clearly impactful endeavor. AAO flagged a threshold EB-2 documentary deficiency (job duties in experience letter) for future proceedings without disturbing the Director's favorable threshold finding.

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. 103.3(c)
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles