NIW Bearings
dismissedMAY192025_07B52032025-05-19 · 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 sought to open his own consulting company in Georgia providing logistics optimization, distribution enhancement, and digital marketing consulting services to small and medium-sized retail businesses within an 80-mile radius.

Field: business consulting (logistics, distribution, digital marketing for retail) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed the Petitioner's bachelor's-equivalent degree plus five years of progressive experience established EB-2 advanced-degree professional eligibility.

Prong 1 — national importancenot established · dispositive

“the record does not establish the impact of the Petitioner's proposed endeavor would extend beyond his clients to impact the field more broadly”
“the record does not establish that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
“working in an important field is insufficient to establish the national importance of the proposed endeavor”

AAO decision text

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • business plan · discounted
    “the record does not establish that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers”
    AAO decision text
  • recommendation letter · discounted
    “this does not establish a broader economic impact”
    AAO decision text
  • other · discounted
    “working in an important field is insufficient to establish the national importance of the proposed endeavor”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The Petitioner argued SCOPS' decision amounted to an abuse of discretion for failing to address all evidence; AAO rejected this, finding any errors harmless and reaffirming that agencies need not address every claim or piece of evidence. AAO also clarified that a government-described 'important' industry or national initiative does not itself establish the national importance of the specific proposed 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
  • 8 C.F.R. 204.5(k)(2)
  • Buletini v. INS
  • Flores v. Garland
  • Matter of E-M-
  • Matter of O-R-E-

Cases in adjacent profiles