NIW Bearings
dismissedMAY242024_04B52032024-05-24 · 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, a general operations manager with a background in sales and marketing, proposed to own and operate a virtual specialty food distribution market selling ethnic and specialty food products.

Field: specialty food distribution / sales and marketing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO did not disturb that Petitioner qualified as an advanced degree professional based on her bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“the Director determined that the Petitioner did not establish that the impact from her endeavor would reach beyond her organization or its clients to more broadly impact her industry or field.”
“the Director determined that the Petitioner did not provide evidence to substantiate the growth projections in her business plan”
“the Petitioner has not substantiated the projections in her business plan, including her plan to hire 178 employees by her company's fifth year of operation.”
“the record lacks evidence that the company has been formed and that it was in existence at the time of filing.”
“she does not further explain or identify a specific instance in which the Director applied a standard of proof other than the preponderance of evidence”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner did not provide evidence to substantiate the growth projections in her business plan”
    AAO decision text
  • media · discounted
    “neither the articles nor reports discussed the Petitioner's specific endeavor”
    AAO decision text
  • resume experience · discounted
    “considerations under Dhanasar's second prong ... does not demonstrate the national importance of the proposed endeavor”
    AAO decision text
  • recommendation letter · discounted
    “considerations under Dhanasar's second prong, which shifts the focus from the proposed endeavor to the foreign national”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO expressly adopted and affirmed the Director's decision on prong 1 rather than conducting independent analysis, citing Matter of Burbano and circuit case law on the 'adopt and affirm' practice. Also notable: AAO found endeavor had substantial merit (unlike Director) but still failed on national importance; national importance claim depended on future company formation (178 employees by year 5) that did not yet exist at filing.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Chen v. INS
  • INA 203(b)(2)
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to substantiate business plan projections or company formation at filing, and cited only generic cultural/economic benefits without evidence of national-scale impact.

Transferable lesson

Form the business before filing and provide concrete, corroborated evidence that its scale/impact extends beyond the company to the broader industry, economy, or labor market.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic · other

Evidence targeting

person_focused

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