NIW Bearings
dismissedMAR282023_02B52032023-03-28 · 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 supply chain and logistics specialist, proposed to provide consulting-type services to U.S. companies (with a later focus on pharmaceutical manufacturers) to improve supply chain efficiency, reduce costs, and assist with onshoring manufacturing and drug safety.

Field: supply chain management / logistics · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work
the Petitioner must demonstrate the national importance of his services as a supply chain specialist rather than the national importance of supply chain specialists, logistic services, the pharmaceutical industry
the record, including testimonial letters, does not show how his services stand to sufficiently extend beyond his potential or futuristic employers or clients
the Petitioner did not establish that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not show how his services stand to sufficiently extend beyond his potential or futuristic employers or clients
    AAO decision text

Where this case turned

  • 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 explicitly distinguishes industry/field importance from importance of the specific endeavor, and notes the Petitioner's shift in argument between initial filing (general supply chain expertise) and RFE/appeal (pharmaceutical onshoring focus) without crediting either as establishing national importance.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles