NIW Bearings
dismissedNOV072024_02B52032024-11-07 · 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 head engineering consultant, proposed to launch his own mechanical engineering consultancy in the United States.

Field: mechanical engineering · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that his proposed endeavor would have national importance.
we agree with the Director that the submitted evidence, including the Petitioner's business plan, past work contracts, and industry reports and articles, do not establish the national importance of his proposed endeavor to launch a mechanical engineering consultancy.
he does not further elaborate how the evidence submitted with his petition establishes his eligibility.

AAO decision text

How the evidence was treated

  • business plan · discounted
    do not establish the national importance of his proposed endeavor to launch a mechanical engineering consultancy
    AAO decision text
  • contract revenue · discounted
    do not establish the national importance of his proposed endeavor to launch a mechanical engineering consultancy
    AAO decision text
  • other · discounted
    do not establish the national importance of his proposed endeavor to launch a mechanical engineering consultancy
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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

AAO adopts and affirms the Director's decision under Matter of Burbano rather than conducting independent analysis, and faults the Petitioner for not elaborating on the significance of the evidence, citing Repaka v. Beers regarding the burden to explain proffered 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.

  • 8 C.F.R. 103.3
  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles