NIW Bearings
dismissedMAY192025_04B52032025-05-19 · 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, an IT Project Manager, proposed to leave her job and become CEO of her own LLC, building a Health IT/blockchain digital platform to expand financial services and healthcare access for underserved communities.

Field: IT project management / digital transformation in financial services and healthcare · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of her specific, proposed endeavor of providing her particular IT project managerial services to the industry
the Petitioner did not demonstrate how her financial and healthcare focused IT project managerial services largely influences the field and rises to the level of national importance
the Petitioner did not present sufficient supporting evidence, corroborating the assertions and figures
the Petitioner does not provide sufficient explanation for the basis of these projections
the record does not demonstrate that, beyond the limited benefits provided to its prospective clients and employees, the Petitioner's proposed endeavor has broader implications, rising to national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner did not present sufficient supporting evidence, corroborating the assertions and figures
    AAO decision text
  • resume experience · ignored
    the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework
    AAO decision text
  • other · ignored
    Because the Petitioner was put on notice and given a reasonable opportunity to provide this evidence, we will not consider it for the first time on appeal
    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
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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 declined to consider new evidence (updated employer information and global financial sector impact evidence) submitted for the first time on appeal, citing Matter of Soriano; decision explicitly frames dismissal on prong one as an independent and alternate basis.

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