NIW Bearings
dismissedNOV262024_07B52032024-11-26 · 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 mechanical engineer with railway and automotive production experience, sought to open a consulting, advising, and solutions company serving the automotive mechanics B2B market (factories, assemblers, rental agencies, parts companies, dealers, insurers) in the United States.

Field: mechanical engineering / automotive consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with Director that Petitioner established EB-2 eligibility as advanced degree professional via bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

the record does not demonstrate that the Petitioner's proposed endeavor stands to sufficiently extend beyond his business's clientele to impact vehicle factories and assemblers, car rental companies, auto parts companies, dealers, and insurers more broadly
The Petitioner has not shown that his company's prospective business activity, staffing levels, and resultant tax revenue are likely to produce substantial economic benefits
the Petitioner's business plan does not detail how the intended goals will be operationally realized
because the expert opinion letter lacks detailed analysis on how the endeavor's goals will be realized, or reach the scale of national importance, it is of minimal probative value
the Petitioner's abilities go to Dhanasar's second prong whether he is well-positioned to carry out the endeavor and not to the endeavor's national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner's business plan does not detail how the intended goals will be operationally realized
    AAO decision text
  • recommendation letter · discounted
    the expert opinion letter lacks detailed analysis on how the endeavor's goals will be realized, or reach the scale of national importance
    AAO decision text
  • degree · credited
  • resume experience · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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 credited substantial merit (which the Director had not reached) but found national importance lacking; case includes a procedural aside about a clerical-error abandonment that was reopened via motion before the appeal proceeded.

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-

Cases in adjacent profiles