NIW Bearings
dismissedMAY142025_05B52032025-05-14 · appeal

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 establish his own consulting business providing operational efficiency consulting, compliance audits, and sustainability solutions to U.S. refineries, oil and gas companies, and small/mid-sized enterprises.

Field: industrial production management consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the assessment of national importance is not focused on the importance of a field in general, but rather "focuses on the specific endeavor that the foreign national proposes to undertake."
the Petitioner has not demonstrated the wider impact of his particular endeavor beyond D and its clients
the record does not contain sufficient supporting evidence for the submitted employment figures nor substantiate how these figures would have national level impact
any basic economic activity resulting from the Petitioner's endeavor has the potential to positively impact a local economy

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner has not demonstrated the wider impact of his particular endeavor beyond D and its clients
    AAO decision text
  • recommendation letter · discounted
  • other · discounted
    We do not dispute the importance of the energy and industrial sectors in the United States.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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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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 L-A-C-

Cases in adjacent profiles