NIW Bearings
dismissedNOV272020_06B52032020-11-27 · 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 sought to start a consulting firm in Florida to provide advisory services to property management companies and other small businesses in the property management, construction, and hospitality sectors.

Field: marketing and general management / small business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her company and its future clientele to impact the small business consulting field, the property management industry, or the U.S. or Florida economy more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
The Petitioner, however, does not adequately explain how these staffing and revenue forecasts were calculated.
The research provided relates to the marketing and consulting industries, entrepreneurship, and U.S. and Florida small business data in general rather than the implications associated with the Petitioner's particular proposed endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not adequately explain how these staffing and revenue forecasts were calculated
    AAO decision text
  • recommendation letter · discounted
    contends that the Petitioner's proposed work has national importance due to the size of the industry
    AAO decision text
  • contract revenue · discounted
  • other · discounted
    relates to the marketing and consulting industries, entrepreneurship, and U.S. and Florida small business data in general rather than the implications associated with the Petitioner's particular proposed endeavor
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Explicitly frames the dismissal as resting on an independent and alternate basis, though only prong 1 was actually analyzed; heavy use of general industry research (SBA, SCORE, Florida economic data) that AAO distinguished from endeavor-specific impact.

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.

  • Poursina v. USCIS

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