NIW Bearings
dismissedNOV242025_10B52032025-11-24 · appeal

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 establish and serve as CFO of a real estate development company in Georgia that would build residential and commercial units, aiming to improve affordable housing access.

Field: real estate development · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed Petitioner qualified as an advanced degree professional based on his U.S. Master's and Bachelor's degrees.

Prong 1 — national importancenot established · dispositive

he has not detailed how his single real estate development company would specifically impact purported nationwide shortages in housing and the homelessness crises
Merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.
a single real estate development business that would operate as one of tens of thousands in the United States
the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis
The letter therefore is insufficient to establish the national importance of the Petitioner's specific proposed U.S. work.
the letters of recommendation add little probative value in establishing the Petitioner's eligibility under Dhanasar's first prong

AAO decision text

How the evidence was treated

  • business plan · discounted
    not supported by details showing their basis or an explanation of how those projections will be realized
    AAO decision text
  • recommendation letter · discounted
    add little probative value in establishing the Petitioner's eligibility under Dhanasar's first prong
    AAO decision text
  • degree · credited
  • resume experience · discounted
    the Petitioner's education, skills, and experience are considerations under Dhanasar's second prong
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
1,312coded 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 noted the Petitioner failed to identify specific errors in SCOPS' analysis on appeal, presenting only general disagreement, though it nonetheless reviewed the full record; the appeal was dismissed solely on prong one, with prongs two and three expressly reserved under Bagamasbad.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles