NIW Bearings
dismissedMAY012023_02B52032023-05-01 · 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 project manager with a background in civil engineering, proposed various inconsistent endeavors related to sustainable construction, including an engineering consulting company in Massachusetts and, later, a solar panel installation and maintenance business in Florida.

Field: sustainable construction / solar panel installation · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not provide a consistent account of the planned endeavor
the Petitioner has not established how his endeavor's impact would extend beyond his business's clients
we conclude that the Petitioner has not provided a specific or consistent proposed endeavor activity such that we can determine its national importance
These letters are insufficient to establish what impact the Petitioner's endeavor would have on his field or how it would be nationally important
However, the Petitioner does not provide documentation establishing that the area where his company will operate is economically depressed

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not specify what contributions it refers to
    AAO decision text
  • business plan · discounted
    it does not establish to what degree its operations will have these impacts
    AAO decision text
  • resume experience · ignored
  • certification membership · ignored
  • other · discounted
    There is no indication in the record that the Petitioner is trained or licensed as an architect
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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

The decision emphasizes shifting, inconsistent descriptions of the proposed endeavor across the initial filing, RFE response, and appeal (environmental engineering, architecture, engineering consulting in Massachusetts, then solar panel installation in Florida), applying Matter of Ho's discrepancy-resolution rule to find the endeavor itself was never clearly identified, which alone doomed the national importance analysis. AAO reserved prongs 2 and 3 entirely.

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 Ho
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles