NIW Bearings
dismissedMAY282025_03B52032025-05-28 · 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 establish and serve as CEO of a consulting company providing business strategy, process improvement, and productivity consulting services to small and medium-sized enterprises (SMEs) in the United States.

Field: business consulting / SME process improvement · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

We concur with SCOPS that the Petitioner did not establish the national importance of her endeavor.
the Petitioner has not established her endeavor stands to sufficiently extend beyond her clients to impact the larger field of SMEs more broadly
the business plan does not provide sufficient explanation for the basis of these employment projections
the Petitioner has not shown how the economic activity directly relating to her company and its operations would rise to the level of national importance contemplated by Dhanasar

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these employment projections
    AAO decision text
  • contract revenue · discounted
    the Petitioner has not established her endeavor stands to sufficiently extend beyond her clients to impact the larger field of SMEs more broadly
    AAO decision text
  • recommendation letter · discounted
  • media · discounted

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

SCOPS had found the Petitioner well-positioned (prong 2) and that the endeavor had substantial merit, but denied solely on national importance/prong 1 scope; AAO adopted and affirmed SCOPS' decision under Matter of Burbano rather than conducting fully independent analysis, and declined to reach prongs 2 and 3.

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
  • Matter of L-A-C-

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