NIW Bearings
dismissedMAY142024_10B52032024-05-14 · 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 planned to create and manage an academic consulting and professional services company providing training and skills development to teachers and support staff at educational institutions, with clients in Florida and elsewhere in the U.S.

Field: academic/educational consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not establish how the potential prospective impact of the proposed endeavor will have the type of broader implications indicative of national importance”
“the publications in the record...do not address the Petitioner, the specific endeavor she proposes to undertake”
“neither the Petitioner's statements nor the remainder of the record establish how employing some unspecified number of workers in those job categories may demonstrate significant potential to employ U.S. workers”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not establish how the potential prospective impact of the proposed endeavor will have the type of broader implications indicative of national importance”
    AAO decision text
  • other · discounted
    “the Petitioner's references to publications in the record that provide generalized information regarding education are immaterial”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
2,501coded 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 Director found the Petitioner ineligible under the advanced-degree professional category but never addressed the alternative exceptional-ability classification, and inconsistently proceeded to analyze the national interest waiver despite that finding; the AAO expressly declined to resolve this procedural oddity, resting its dismissal solely on prong 1 and reserving judgment on threshold eligibility and prongs 2-3.

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 L-A-C-

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