NIW Bearings
dismissedNOV172023_02B52032023-11-17 · 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 sought to be CEO of his own architectural/construction-management consulting firm in New Jersey, advising U.S. companies on reducing building and remodeling costs and targeting economically distressed areas.

Field: architecture / construction management consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.
the Petitioner has not provided independent and objective support for such claims.
the business plan by itself does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.
they do not demonstrate that his endeavor or his methodologies will impact more than just the clients that he will serve, rising to the national importance contemplated by Dhanasar.
the Petitioner has not provided independently corroborating evidence to substantiate that his company would hire significant population in the economically depressed areas of New Jersey

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan by itself does not sufficiently detail the basis for its financial and staffing projections
    AAO decision text
  • recommendation letter · discounted
    these documents pertain to the second prong of Dhanasar... and do not support the claims of the endeavor's national importance
    AAO decision text
  • resume experience · discounted
    only address his past accomplishments as an architect and an entrepreneur, but they do not demonstrate national importance
    AAO decision text
  • other · discounted
    the Petitioner's claim of national importance largely relies on the industry reports and articles previously submitted
    AAO decision text
  • other · discounted
    it does not provide any persuasive and relevant details about the Petitioner's endeavor or its specific impact
    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
  • 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

Petitioner raised due-process and 'novel standard' arguments against the Director's RFE-based denial and objected that Director skipped prongs 2-3; AAO rejected constitutional/procedural arguments citing lack of jurisdiction and noted RFE properly identified deficiencies. AAO itself likewise declined to reach prongs 2-3 after finding prong 1 dispositive.

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. 103.2(b)(8)
  • 8 C.F.R. 103.3
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show national importance: evidence (expert letter, client letters, business plan) addressed personal qualifications and localized client benefit, not corroborated, nationally-scaled prospective impact.

Transferable lesson

Support projected job/tax/economic impact with independent corroborating evidence tied specifically to the endeavor, not just personal credentials or uncorroborated business-plan projections.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic · geographic_or_shortage_area · us_competitiveness

Evidence targeting

person_focused

Cases in adjacent profiles