NIW Bearings
dismissedMAY052023_01B52032023-05-05 · 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 Brazilian general operations manager in freight transport and logistics, sought to continue that work in the U.S. through a Florida logistics company he founded, providing transportation management, warehousing, and supply-chain consulting to companies trading domestically and between the U.S. and Brazil.

Field: transportation and logistics / operations management · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner met only two of six exceptional-ability criteria (10 years' experience and one certificate qualifying as an academic record), withdrawing the Director's finding on the 'recognition' criterion and affirming denial of the license/certification, salary, and membership criteria; thus did not qualify as an individual of exceptional ability.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."
such evidence does not establish how the Petitioner's specific proposed endeavor stands to impact the broader field or otherwise establish its national importance.
The record does not support that the creation of eight additional jobs in this sector or the expected tax revenue generated by the company will have a substantial economic benefit commensurate with the national importance element of the first prong of the Dhanasar framework.
He did not provide specific plans, projections of indirect economic benefits, or other sufficient evidence to explain how his specific company activities will have broader implications in the field

AAO decision text

How the evidence was treated

  • business plan · discounted
    he did not provide specific plans, projections of indirect economic benefits, or other sufficient evidence to explain how his specific company activities will have broader implications
    AAO decision text
  • recommendation letter · discounted
    they do not contain sufficient detail or explanation to establish his recognition for achievements and significant contributions to the industry or field
    AAO decision text
  • awards · discounted
    there is insufficient evidence to support a conclusion that he received the awards as recognition for his achievements and significant contributions
    AAO decision text
  • certification membership · discounted
    the record does not show that the Petitioner possesses the equivalent of a United States bachelor's degree
    AAO decision text
  • resume experience · credited
All 6 evidence items
  • media · discounted
    it does not signify recognition for achievements and significant contributions to his field or industry
    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
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Notable

Director had deemed the post-filing business plan 'inadmissible' under Matter of Izummi, but the AAO nonetheless considered it because the underlying company was established before filing; the AAO ultimately still found the plan's national-importance showing insufficient.

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 Caron Int'l
  • Matter of D-R-
  • Matter of Izummi
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles