NIW Bearings
dismissedMAY132024_03B52032024-05-13 · appeal · Nebraska 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 sought to continue directing his real estate management company, which acts as an intermediary between property owners and renters/buyers, with a stated goal of growing its portfolio from 50 to 200 properties within five years.

Field: real estate brokerage/property management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

that did not indicate the proposed endeavor would have national or global implications within the industry
the Petitioner does not tie in any cross-border projects with his proposed endeavor, nor does he sufficiently describe the global or national implications
the relevant question is not the importance of the overall field, industry, or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    that did not indicate the proposed endeavor would have national or global implications within the industry
    AAO decision text

Where this case turned

  • 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
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Notable

AAO characterized the appeal brief as warranting summary dismissal for failing to specifically contest the Director's findings, though it nonetheless proceeded to address prong one on the merits. AAO also flagged an internal inconsistency where the Petitioner's brief referenced helping the 'food services sector' unrelated to his stated real estate endeavor, requiring resolution under Matter of Ho.

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 E-M-
  • Matter of Ho

Cases in adjacent profiles