NIW Bearings
dismissedMAR242025_03B52032025-03-24 · 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 create a U.S.-based consulting company offering administrative management, strategic planning, business process optimization, financial modeling, and online-platform-based advisory services primarily targeting law firms and other businesses.

Field: business/management consulting (organizational development, legal consulting) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner asserted a confusing array of generic business plans in varying industries leaving substantial question as to the potential prospective impact of his proposed endeavor on a national level.
our focus is not on the importance of the field within which the Petitioner would work, but the potential national implications of his specifically proposed endeavor
Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
he submitted little detail and documentation to substantiate how these plans would be realized
Although any basic economic activity resulting from the Petitioner's work has the potential to positively impact a local economy, he has not provided sufficient explanation of the prospective impact directly attributable to his proposed work

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner did not present sufficiently clear and credible business plans to support that his proposed endeavor would have a potential prospective national impact
    AAO decision text
  • recommendation letter · discounted
    the expert opinion discusses a wide range of potential services, industries, and impacts leaving uncertainty as to both the nature of the proposed endeavor and its potential prospective impact
    AAO decision text
  • resume experience · ignored
    The issue here is whether the Petitioner has demonstrated the national importance of a specific proposed endeavor.
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO emphasizes that the size/revenue of an industry ($329.9 billion legal consulting market) cannot substitute for showing national impact of the specific endeavor; criticizes the petitioner's shifting and inconsistent business plans (varying industries, undisclosed software tool) as undermining clarity of the proposed endeavor.

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 Ho

Cases in adjacent profiles