NIW Bearings
dismissedMAY312024_03B52032024-05-31 · 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 planned to work as a project manager for his own company, providing asset and property management consulting services to small and medium-sized businesses in Florida, aiming to improve their operational efficiency and profitability.

Field: asset and project management consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

they do not establish that the Company's services have a potential prospective impact beyond the individual businesses to which he will provide services
his assertions with respect to the shortage of project management professionals in the United States, like him, does not render his proposed endeavor nationally important
his business plan does not sufficiently detail the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and staffing projections will be realized
the relevant question is not the importance of the field, industry, or profession in which the individual will work
these letters speak to the Petitioner's ability to assist these clients, they do not establish the national importance of his endeavor
this letter provides vague details regarding the nature of their engagement with the Petitioner

AAO decision text

How the evidence was treated

  • business plan · discounted
    his business plan does not sufficiently detail the basis for the revenue and staffing projections
    AAO decision text
  • recommendation letter · discounted
    the opinion is of limited probative value
    AAO decision text
  • contract revenue · discounted
    they do not establish the national importance of his endeavor
    AAO decision text
  • media · discounted
    they do not specifically discuss the Petitioner's proposed endeavor or explain how his endeavor would have broader implications
    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
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Notable

AAO cites an unpublished district court decision (Onyenanu v. Garland) for the proposition that appellants must support allegations with 'factual specificity,' an unusual citation for an AAO decision. The AAO also expressly reserved both the threshold EB-2 classification issue and prongs 2 and 3, resolving the appeal solely on prong 1 national importance.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the endeavor's impact extended beyond his individual clients/company to the broader field or U.S. economy; projections were unsupported and expert letter merely restated petitioner's claims without independent evidence.

Transferable lesson

Support economic/job-creation projections with objective, verifiable data and explain concretely how the endeavor's benefits extend beyond individual clients to the broader field or national economy.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic · us_competitiveness · government_interest · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles