NIW Bearings
dismissedNOV212024_02B52032024-11-21 · 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 martial arts entrepreneur and instructor, proposed to operate a martial arts training business in the United States, including plans to locate it in a HUBZone.

Field: martial arts / entrepreneurship · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO did not disturb, that Petitioner qualifies as an advanced degree professional under EB-2.

Prong 1 — national importancenot established · dispositive

“the Petitioner did not adequately explain how he intends to realize the business plan's staffing and revenue projections”
“the letters did not include information about the proposed endeavor or explain how it is nationally important”
“the national shortage of business professionals is not, in and of itself, sufficient to establish the national importance of the Petitioner's endeavor”
“the relevant question is not the importance of the industry, sector, or profession in which the individual will work”
“the Petitioner did not substantiate that his specific business endeavor would trigger substantial positive economic benefits”
“Evidence of the Petitioner's credentials and experience in the field of martial arts does not demonstrate the national importance of the proposed endeavor”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “did not adequately explain how he intends to realize the business plan's staffing and revenue projections”
    AAO decision text
  • recommendation letter · discounted
    “the letters did not include information about the proposed endeavor or explain how it is nationally important”
    AAO decision text
  • media · discounted
    “none of these submissions pertain specifically to the endeavor in question”
    AAO decision text
  • resume experience · discounted
    “such evidence addresses the Petitioner's knowledge, skills, education, and experience; these are considerations under Dhanasar's second prong”
    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
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO expressly declined to reach prongs two and three after finding prong one dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not resolve unnecessary issues. Petitioner's generic due-process/standard-of-proof arguments were rejected as unsupported by specifics.

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-

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