NIW Bearings
dismissedMAR282022_01B52032022-03-28 · 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 real estate entrepreneur, sought to run a Florida-based real estate company that would recruit small and medium investors to build 20 housing units in a designated SBA HUBZone, targeting lower-income residents.

Field: real estate development / business administration · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

working for any company in need of his superior business administration, project management, and business development skills, especially in the real estate industry.
rather than the importance of the field, industry, or profession in which the individual will work.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company, business partnerships, and clientele to impact the real estate field more broadly
he has not shown that his company's future staffing levels and business activity stand to provide substantial economic benefits in Florida, where the company is headquartered, or in the United States.
it has not provided evidence to substantiate the projected rate of growth.

AAO decision text

How the evidence was treated

  • business plan · discounted
    it has not provided evidence to substantiate the projected rate of growth.
    AAO decision text
  • contract revenue · discounted
    he has not explained how the benefits to the regional or national economy would reach the level of "substantial positive economic effects"
    AAO decision text
  • other · credited

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
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 expressly rejects the Petitioner's use of the SBA HUBZone program as evidence of national importance, noting he concedes he does not even qualify to participate in it. The decision also frames the dismissal as resting on multiple independent alternate grounds despite reaching only prong 1.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles