NIW Bearings
dismissedNOV292023_05B52032023-11-29 · 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 operate a consultancy business in the U.S. advising small- and medium-sized enterprises on financial management, operational risk, corporate governance, and strategic growth using quantum-based valuation models.

Field: economics and financial management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director concluded, and AAO agreed, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the fact that a central tenant of his proposed endeavor is a lone business venture-a consultancy firm-must be considered
they do not serve as evidence to show how the Petitioner would provide consultancy services to small- and medium-sized businesses at a scale that would have a national impact
the record does not include a plan or other indication of how the Petitioner will operate a consultancy company that will impact businesses or the economy at the level of national importance
The Petitioner has not demonstrated that the endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the nation
Absent probative evidence to show the realistic potential of the Petitioner's company to operate at all, it is not evident that the company will generate revenue to create jobs

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    letters of recommendation... do not speak to the national importance of the Petitioner's specific endeavor to operate a consultancy business
    AAO decision text
  • other · discounted
    they do not serve as evidence to show how the Petitioner would provide consultancy services... at a scale that would have a national impact
    AAO decision text
  • business plan · discounted
    the record does not include a plan or other indication of how the Petitioner will operate a consultancy company
    AAO decision text
  • resume experience · discounted
    letters of recommendation, while demonstrative of the Petitioner's career success in the field of finance, do not speak to the national importance
    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
  • 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 expressly declined to reach prongs 2 and 3, resolving the appeal solely on prong 1 national importance, citing Bagamasbad and Matter of L-A-C- for declining to address unnecessary issues.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles