NIW Bearings
dismissedNOV302023_01B52032023-11-30 · 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 proposed to operate his own business consulting firm in Florida, providing strategy, financial, marketing, and purchasing advisory services primarily to small and medium-sized businesses, especially Latin American clients investing in the U.S.

Field: business consulting/management advisory services · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner's evidence establishes he qualifies for the underlying EB-2 classification as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

we conclude that the proposed endeavor does not appear to operate on a scale rising to the level of national importance
Although the proposed endeavor may benefit the client companies that engage the Petitioner for his services, the record does not sufficiently show that such benefits would rise to the level of national importance
the relevant question is not the importance of the industry or profession in which the individual will work
the letters restate claims the Petitioner already made concerning the national importance of the proposed endeavor
the claimed impact appears to be localized to the particular project or company that hired the Petitioner
he has not demonstrated how his proposed endeavor is better, different, or costs less than other business consulting services already available in the United States

AAO decision text

How the evidence was treated

  • business plan · discounted
    Based upon the year one to five growth projections listed in the business plan, we conclude that the proposed endeavor does not appear to operate on a scale rising to the level of national importance
    AAO decision text
  • recommendation letter · discounted
    the letters restate claims the Petitioner already made concerning the national importance of the proposed endeavor
    AAO decision text
  • media · discounted
    such evidence does not necessarily establish the national importance of the specific proposed endeavor
    AAO decision text
  • other · discounted
    unsubstantiated assertions do not constitute evidence
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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

The AAO noted an inconsistency in the Petitioner's job title across filings (business consultant vs. business management specialist vs. general and operations manager) and cautioned him about it for future filings. The conclusion section contains an apparent drafting error stating 'The evidence does establish the national importance' when context makes clear the AAO meant the evidence does NOT establish national importance, consistent with the dismissal outcome.

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