NIW Bearings
dismissedMAY142024_04B52032024-05-14 · 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, an interior designer with over 15 years of experience, sought to develop and expand her own interior design business in Massachusetts, asserting it would create jobs, serve minority/women-owned enterprises, and operate in a HUBZone.

Field: interior design · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO agreed with Director that Petitioner's foreign degree (Titulo de Tecnologo, an Associate-level credential) was not equivalent to a U.S. baccalaureate degree, so she did not qualify as an advanced degree professional; did not reach exceptional ability classification since case was resolved on other grounds.

Prong 1 — national importancenot established · dispositive

the Petitioner did not establish that her proposed endeavor has national importance
the record does not substantiate how the projections found in her statement and business plan will be realized
The Petitioner does not demonstrate how the entity she has created will be funded or that it has pending contracts for jobs to be completed
The Petitioner has not demonstrated how her proposed endeavor will have substantial positive economic effects in an economically depressed area
the expert opinion is of little probative value as the opinion does not meaningfully address the details of the Petitioner's proposed endeavor and why it would have national importance
the Petitioner's contention that her experience shows the national importance of her proposed endeavor will not meet her burden to establish national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not substantiate how the projections found in her statement and business plan will be realized
    AAO decision text
  • recommendation letter · discounted
    the expert opinion is of little probative value as the opinion does not meaningfully address the details of the Petitioner's proposed endeavor
    AAO decision text
  • resume experience · discounted
    when considering the national importance of a proposed endeavor we do not look to a Petitioner's qualifications and expertise
    AAO decision text
  • media · discounted
    The articles and industry reports that the Petitioner references are general and do not discuss her proposed endeavor
    AAO decision text
  • degree · discounted

Where this case turned

  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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Notable

AAO found petitioner's Brazilian 'Titulo de Tecnologo' degree, described on her own ETA 750 as an 'Associate' degree, insufficient for EB-2 advanced degree classification. Also flagged unresolved inconsistency between a personal job offer submitted in RFE response and the business she claimed to be founding, and a discrepancy between claimed HUBZone location and the actual registered business address per SBA records; expert letter discussing opportunities in Brazil's arts industry was found irrelevant to the U.S.-based endeavor.

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
  • Flores v. Garland
  • Matter of Ho
  • Matter of L-A-C-
  • Matter of Y-B-

Cases in adjacent profiles