NIW Bearings
dismissedNOV222024_03B52032024-11-22 · combined · Nebraska 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 create a U.S. company offering travel-related services, including an online travel portal, with plans to grow from five to fifteen employees over five years.

Field: travel and tourism · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided sufficient information and evidence to demonstrate the benefit of opening a travel and tourism company has broader implications
the Petitioner's general assertions regarding the contributions her proposed endeavor will make to the national economy... are insufficient to demonstrate that her proposed endeavor would have national economic impact
the Petitioner's evidence does not establish that the projected revenue or number of jobs expected to be created by her proposed endeavor... would have substantial positive economic effects

AAO decision text

How the evidence was treated

  • business plan · discounted
    the unsupported projections in her business plan and generalized conclusions in the expert opinion letter, are insufficient
    AAO decision text
  • recommendation letter · discounted
    These submissions generally speak to the Petitioner's character and business experience, and the importance of small businesses
    AAO decision text
  • other · discounted
    generally speak to... the importance of small businesses, entrepreneurship, and the travel and tourism industry
    AAO decision text
  • motion resubmission · ignored
    we need not address this because as stated here, the record, including the new recommendation letters, is insufficient
    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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

AAO disagreed with the Director's refusal to consider new recommendation letters on motion as untimely, but found the point moot since the letters were substantively insufficient regardless.

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
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles