NIW Bearings
dismissedMAY182023_06B52032023-05-18 · 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 insurance sales manager, proposed to own and operate her own insurance consulting company in the U.S., recruiting and training insurance agents and providing consultancy services to insurance companies.

Field: insurance sales/consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not sufficiently shown the national importance aspect of her proposed endeavor
the plan makes no specific, credible projections as to the number of new and experienced agents it expects to recruit and train
did not explain or articulate how the Petitioner's specific, proposed endeavor will have national importance
they do not indicate the benefits to the regional or national economy resulting from the company's profits would reach the level of "substantial positive economic effects"
the Petitioner did not demonstrate that such future staffing levels would provide substantial economic benefits to the ... Florida or U.S. economy more broadly

AAO decision text

How the evidence was treated

  • business plan · discounted
    the plan makes no specific, credible projections as to the number of new and experienced agents it expects to recruit and train
    AAO decision text
  • recommendation letter · discounted
    did not explain or articulate how the Petitioner's specific, proposed endeavor will have national importance
    AAO decision text
  • resume experience · discounted
    The Petitioner's experience and abilities in her field relate to the second prong of the Dhanasar framework
    AAO decision text

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
1,312coded 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 expressly declines to reach threshold EB-2 classification and prongs 2/3, resting solely on prong 1 national importance failure; decision emphasizes distinction between industry-wide importance and the specific endeavor's importance.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles