NIW Bearings
dismissedMAY012024_01B52032024-05-01 · 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 claimed to work as an 'education administrator' but described her actual plan as directing her own consultancy company providing business-restructuring, marketing, IT, and administrative consulting services to schools in Florida.

Field: education administration / business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish how the proposed endeavor, as described at the time of filing, may have national importance.
the record does not establish how the staff of 14 workers apparently at the Petitioner's current or former private residence, and other unspecified indirect jobs at unknown locations, demonstrate the type of "significant potential to employ U.S. workers"
neither the Petitioner's prior academic or work experience nor "industry reports and articles" that provide generalized information related to education are material to whether the proposed endeavor may have national importance.
the record does not reconcile how the Petitioner's consultancy company ... would involve planning, directing, or coordinating student instruction

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not establish how those consultancy services may have the type of national or even global implications
    AAO decision text
  • resume experience · discounted
    does not inform how the specific endeavor she proposes to undertake may have national importance
    AAO decision text
  • other · discounted
    do not address the Petitioner, the specific endeavor she proposes to undertake, and how the endeavor may have the type of broader implications
    AAO decision text
  • motion resubmission · ignored
    they present a new set of facts that cannot-and do not-establish eligibility
    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
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 appeal brief appears to contain boilerplate/copy-paste errors referencing an unrelated male petitioner's 'business endeavor' and international-trade entrepreneurship claims that the AAO found inconsistent with and irrelevant to this Petitioner's stated 'education administrator' endeavor, which it treated as an improper new set of facts under Matter of Katigbak/Izummi. The AAO also flagged an address discrepancy suggesting a possible notification-of-change-of-address violation under 8 C.F.R. 265.1.

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.

  • 8 C.F.R. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to reconcile inconsistent endeavor descriptions and did not show the specific endeavor (as filed) had national-level impact beyond generalized industry benefit or a small, unverified staffing plan.

Transferable lesson

Define one consistent, concrete endeavor at filing and support it with endeavor-specific evidence of national-scale impact, not personal credentials or generic industry data.

Endeavor framing

vague

National-importance theory

economic_job_creation · field_advancement · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles