NIW Bearings
dismissedNOV182024_06B52032024-11-18 · 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, general manager of two existing ethnic grocery stores in New Jersey, proposed to continue managing those stores, open three additional grocery stores (including one in Florida), and establish a food distribution business for Brazilian and Latin American food products within three years.

Field: ethnic grocery retail and food distribution · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not sufficiently detail the basis for its projections of the endeavor's future financial and staffing projections”
“The Petitioner does not support with material, relevant, or probative evidence his intentions to create 54 jobs, pay wages of approximately $1.3 million, and generate $15.9 million in revenue”
“the tax documents indicate that the stores have experienced only a modest increase in net income since they were established, which tends to undercut the Petitioner's assertions”
“the opinion speculating on the positive benefits that may arise from the Petitioner's proposed endeavor without detailing the endeavor and how it would specifically accomplish the goals, does not demonstrate the endeavor's national importance”
“the Mayor's letter does not quantify the extent of the Petitioner's economic and societal welfare impact on the community”
“it does not follow that a petitioner establishing and managing ethnic grocery stores after the COVID-19 pandemic impacts such national initiatives”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “does not sufficiently detail the basis for its projections... nor does it adequately explain how these projections will be realized”
    AAO decision text
  • contract revenue · discounted
    “the tax documents indicate that the stores have experienced only a modest increase in net income since they were established”
    AAO decision text
  • recommendation letter · discounted
    “they do not detail how his proposed endeavor would have economic and societal welfare benefits that rise the level of national importance”
    AAO decision text
  • other · discounted
    “the opinion generally references the proposed endeavor being a retail business and indicates it has the potential to impact the retail industry”
    AAO decision text
  • motion resubmission · ignored
    “the Petitioner was put on notice and given a reasonable opportunity to provide this evidence in response to a request for evidence, we will not consider it for the first time on appeal”
    AAO decision text
All 6 evidence items
  • other · discounted
    “their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular”
    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
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • 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
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Notable

AAO withdrew the Director's finding on substantial merit (found merit established) but still dismissed on national importance; declined new expert opinion submitted for first time on appeal under Matter of Soriano, noting even if considered it contained unexplained discrepancies from the business plan; reserved underlying EB-2 classification and prongs 2 and 3 as unnecessary to reach.

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
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of E-M-
  • Matter of L-A-C-

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