NIW Bearings
dismissedMAY302025_05B52032025-05-30 · 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, CEO and owner of a trucking and logistics company, proposed to elevate trucking services by integrating value-added logistics services and expanding his company's operations to improve U.S. supply chain efficiency and reliability.

Field: trucking and logistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO notes Petitioner did not submit evidence his occupation qualifies as a profession, but declines to reach the issue since appeal is dismissed on dispositive grounds.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not established that his endeavor's prospective impact rises to the level of national importance”
“the record does not contain evidence of how the business has performed, or evidence of actual hires”
“the Petitioner's work in an important industry or sector is not sufficient in and of itself to establish the national importance of the proposed endeavor”
“these statements are largely conclusory”
“the authors provide little explanation or corroborating evidence directly linking the Petitioner's work at his company to the overall economy's growth”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “it is unclear that the Petitioner could reach these numbers initially, or higher numbers in successive years”
    AAO decision text
  • recommendation letter · discounted
    “these statements are largely conclusory”
    AAO decision text
  • other · discounted
    “the Petitioner's work in an important industry or sector is not sufficient in and of itself to establish the national importance”
    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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO expressly declined to address whether Petitioner's occupation qualifies as a profession, citing Bagamasbad, since prong 1 failure was independently dispositive; also declined to remand despite Petitioner's argument that SCOPS's prong 1 discussion was internally inconsistent.

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.

  • Flores v. Garland
  • INA 203(b)(2)

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