NIW Bearings
dismissedMAY252023_03B52032023-05-25 · 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, a lawyer specializing in international taxation, proposed to establish and serve as managing partner of a new Florida law firm providing international tax and legal consulting services for cross-border investment between the U.S., Brazil, and Latin America.

Field: international tax law / legal consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner established eligibility as an advanced degree professional; Director's finding on this point was undisturbed.

Prong 1 — national importancenot established · dispositive

he has not shown that his firm would open locations in one or more economically depressed areas
the direct employment, indirect job creation. and revenue projections included in the Petitioner's business plan are not supported by details showing their basis
he has not shown that his firm's projected $4.3 million in revenue has the potential to have a significant economic or other impact on this $331 billion industry
A determination regarding the claimed national importance of a specific proposed endeavor cannot be inferred based on the Petitioner's past achievements
she does not address his business plan, the specific proposed endeavor and its prospective substantial economic impact
much of the content of the expert opinion letter lacked relevance and probative value with respect to the national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    not supported by details showing their basis or an explanation of how those projections will be realized
    AAO decision text
  • media · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work
    AAO decision text
  • recommendation letter · discounted
    much of the content of the expert opinion letter lacked relevance and probative value
    AAO decision text
  • degree · credited
  • other · discounted
    insufficient support for a determination that the Petitioner's final dissertation is likely to be widely disseminated
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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

Petitioner's HUBZone-based argument for economic impact was rejected because he failed to specify a concrete business location or show actual participation in the SBA HUBZone program.

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.

  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles