NIW Bearings
dismissedMAY252021_03B52032021-05-25 · 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 sought to operate a U.S. company developing an online platform to optimize use of agricultural machinery and services, aiming eventually to expand nationwide.

Field: agricultural business / agtech platform · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we focus on the "the specific endeavor that the foreign national proposes to undertake."
the Petitioner has not offered sufficient, credible information and supporting evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and clientele to impact his field or the U.S. agriculture industry more broadly
he has not identified how many U.S. workers will be employed by the company and where they will be located
The business plan does not indicate which positions these additional employees will occupy, how many of these employees will be from the United States, and the geographic location of these employees.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner has not offered sufficient, credible information and supporting evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
    AAO decision text
  • recommendation letter · discounted
    The Petitioner's experience in his field relates to the second prong of the Dhanasar framework
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the field, industry, or profession in which the individual will work
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

AAO's conclusion section states the Petitioner did not establish threshold EB-2 eligibility, contradicting the earlier statement that the Director found the advanced-degree classification satisfied and that this was the sole remaining issue; likely boilerplate/drafting inconsistency rather than a substantive threshold finding.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles