NIW Bearings
dismissedMAY012025_05B52032025-05-01 · appeal

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 pharmacist and consultant, proposed to create a 'counseling-type information platform' to combat prescription medication misuse and addiction, which would evolve into a multidisciplinary and holistic care team using her pharmaceutical and business background.

Field: pharmacy / healthcare consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner qualified for underlying EB-2 classification given her advanced degree; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond the individual users of her platform
The projections in this business plan are unsupported, and it is unclear how the proposed growth will occur.
the Petitioner's proposed endeavor is not mentioned in that letter
our analysis in prong one must focus on the impact of the proposed endeavor, rather than the characteristics of the petitioner or the importance of the field as a whole

AAO decision text

How the evidence was treated

  • business plan · discounted
    The projections in this business plan are unsupported, and it is unclear how the proposed growth will occur.
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's proposed endeavor is not mentioned in that letter
    AAO decision text
  • degree · 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
  • 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

The AAO corrects the Petitioner's misunderstanding that Dhanasar requires a 'national impact' standard, clarifying the correct terms are 'national importance.' The conclusion inexplicably refers to the Petitioner as 'he' despite consistent 'she' usage throughout, an apparent drafting error.

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.

  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles