NIW Bearings
dismissedNOV212024_07B52032024-11-21 · 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 proposed to start and serve as CEO of an IT-focused consulting company that would provide specialized courses, seminars, and workshops to improve IT consultants' knowledge.

Field: information technology consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

We concur with the Director that the record does not contain supporting evidence corroborating these projected employment and financial figures, as indicated in the business plan
the relevant query is not the importance of the industry or profession the individual will work, but on the specific endeavor the petitioner proposes to undertake
the Petitioner has not established his proposed endeavor would sufficiently extend beyond the individual clients and companies he works with to impact the field of TT more broadly

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not contain supporting evidence corroborating these projected employment and financial figures
    AAO decision text
  • citations publications · discounted
    they address only the broader field rather than the Petitioner's specific endeavor
    AAO decision text

Where this case turned

  • 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
2,501coded 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 applies the STEM classroom-teaching analogy from Policy Manual F.5(D)(2) and Dhanasar's own teaching-activity discussion to find the petitioner's training/course-based endeavor analogous to non-nationally-important classroom teaching, distinguishing it from STEM research/technology advancement.

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
  • Matter of L-A-C-

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