NIW Bearings
dismissedNOV222024_09B52032024-11-22 · 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 workplace safety technician and entrepreneur, planned to direct a Florida-based company providing gamified in-person and online training programs on occupational safety, environmental management, and ESG topics to U.S. businesses.

Field: occupational safety and health / environmental management training · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner established eligibility as an individual of exceptional ability; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“However, the Petitioner did not present supporting evidence corroborating these assertions and projected figures in the record below or on appeal.”
“she does not explain how, for example, her proposed endeavor would reduce these costs such that it would result in national or global implications”
“the Petitioner has not demonstrated that, beyond the limited benefits provided to her prospective clients, the Petitioner's proposed endeavor has broader implications”
“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner did not present supporting evidence corroborating these assertions and projected figures”
    AAO decision text
  • contract revenue · discounted
    “the letters do not provide details on, for example, the entities themselves, their sizes and locations”
    AAO decision text
  • other · discounted
    “described the scale of the industry the Petitioner will work in and did not demonstrate the prospective impact of her proposed endeavor”
    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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO included an unusual footnote flagging that the Petitioner's signature on the NIW petition did not match her signatures on the appeal and passport, citing signature-integrity policy, but noted the Director did not raise this as a denial ground and it was not a basis for the decision.

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 L-A-C-
  • USCIS Policy Manual F.5(D)(1)

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