NIW Bearings
dismissedMAY232025_04B52032025-05-23 · 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, a teacher, sought to establish and operate a business in Florida offering English language instruction to non-native English speakers, particularly legal immigrant communities, serving as both teacher and CEO.

Field: English language instruction / education · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS concluded, and AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the evidence does not establish that operating and teaching at an English language instruction business will have broader implications or influence in the field that will rise to the level of national importance.
the record does not establish that the endeavor will have a measurable impact beyond the immediate community it serves to reach the level of national or even global impact.
they primarily offer general endorsements without sufficiently demonstrating how her specific proposed endeavor will impact the field on a national scale or significantly influence the field.
the Petitioner does not provide sufficient detail of the basis of these projections or adequately explain how these staffing targets and revenue forecasts will be realized.
Merely working in an important field and the endeavor's alignment with government initiatives alone is insufficient for national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner does not provide sufficient detail of the basis of these projections or adequately explain how these staffing targets and revenue forecasts will be realized.
    AAO decision text
  • recommendation letter · discounted
    they primarily offer general endorsements without sufficiently demonstrating how her specific proposed endeavor will impact the field on a national scale
    AAO decision text
  • other · discounted
    although the Petitioner's endeavor may address an important social issue, the record does not establish that the endeavor will have a measurable impact beyond the immediate community
    AAO decision text
  • resume experience · ignored

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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

The AAO cited Dhanasar's own facts (teaching activities not rising to national importance) as a direct analogy against the Petitioner. AAO expressly reserved and declined to reach prongs 2 and 3 as moot given the dispositive prong 1 failure.

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