NIW Bearings
dismissedMAY072024_01B52032024-05-07 · 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 former military logistics officer, proposed to create a management consulting firm in the United States, with plans to hire 32 U.S. workers over five years.

Field: logistics / management consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found the Petitioner qualified for the underlying EB-2 classification; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

Mere conclusory assertions do not enable us to determine whether a filing party's eligibility claims are any more reliable than hopeful speculation.
Simple alignment or shared common aspects with industry improvements or goals are not sufficient to meet the first prong's national importance portion.
Nominal growth of an industry is not sufficient to meet the national importance requirement under the Dhanasar framework.
It is reasonable for USCIS to consider a foreign national's plagiarism from the internet as evidence of their overall lack of credibility.
In the end, the Petitioner's HUB Zone program claims have not panned out and they will not aid in his effort to demonstrate that the proposed endeavor has national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Director discussed the Petitioner's evidence to include his business plan and concluded his statements were not supported by adequate evidence to prove his claims.
    AAO decision text
  • media · discounted
    the Petitioner discusses 'submitted Industry Reports and Articles,' none of which were about his proposed endeavor.
    AAO decision text
  • other · discounted
    this calls into question the independent and credible nature of the Petitioner's claims leaving us hesitant to accept his other statements as true.
    AAO decision text

Where this case turned

  • NEW plagiarism credibility concern · p1
  • Business plan speculative · p1projections without a documented basis or steps
  • 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
1coded 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 found the Petitioner's definitive statement contained unattributed plagiarized content from a HuffPost article, using this as evidence undermining the credibility of his other claims. The decision also extensively analyzed and rejected the Petitioner's HUBZone program eligibility arguments as a basis for national importance. Only prong 1 was reached; prongs 2 and 3 were expressly reserved as unnecessary to the outcome.

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
  • Matter of Ho

Cases in adjacent profiles