NIW Bearings
dismissedMAR312022_01B52032022-03-31 · 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 proposed two research/business projects: an IT platform automating customer-facing workflows for small businesses like clinics, churches, daycares, and hotels, and a low-cost machine designed to use locally sourced/scrap materials for local artisans.

Field: mechanical engineering and software programming · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not sufficiently explain or document the potential prospective impact of the specific proposed endeavor to support a finding that it has national importance
the Petitioner did not show that his proposed endeavor stands to sufficiently extend beyond his potential clients or customers to impact the various industries or the U.S. economy more broadly
the Petitioner's evidence does not support his assertions, nor did he offer evidence indicating that the areas where the projects would be implemented are economically depressed

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not show any national or worldwide ramifications his projects would have within a field
    AAO decision text
  • funding · discounted
    relate to the second prong of the framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • other · ignored
    we will not consider this evidence for the first time on appeal as it was not presented before the Director
    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
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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 declined to consider new evidence (independent assessments, sales forecast, EIN documentation) submitted for the first time on appeal, citing Matter of Soriano. Decision explicitly states dismissal grounds are alternate and independent, though only prong 1 was substantively analyzed.

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.

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

Cases in adjacent profiles