NIW Bearings
dismissedMAY302024_09B52032024-05-30 · 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 proposed to provide consulting services and marketing strategies, chiefly to U.S. companies in the automotive sector, through his own entrepreneurial venture, to help increase profitability, sustainability, and internal efficiency.

Field: automotive marketing/business consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the record did not adequately demonstrate that the benefits they identified to purportedly flow from their proposed endeavor, even if realized, would impact their field beyond the companies in or adjacent to the automotive sector
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."
the evidence in the record does not materially, relevantly, or probative demonstrate those effects rising to a level implicating matters of national importance
the record does not adequately establish the parameters the SBA considers in establishing HUBZones

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not sufficiently describe the endeavor's positive economic effects
    AAO decision text
  • other · discounted
    were general in nature. They did not adequately describe the role of the Petitioner's proposed endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
2,501coded 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 extensively analyzes and rejects Petitioner's SBA HUBZone argument in a lengthy footnote, finding Petitioner ineligible for that program as a non-citizen-owned business; AAO also addresses and rejects a Buletini-based argument that the Director failed to individually address all evidence.

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.

  • Buletini v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles