NIW Bearings
dismissedOCT012024_04B52032024-10-01 · combined · 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 barber, barber instructor and manager, sought to develop a vocational training program offering free classes and apprenticeships in the barber/personal care field and to grow a business with claimed economic effects.

Field: barbering / personal care and vocational training · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner did not meet at least three of the six evidentiary criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii); resubmitted course certificates, letters, and salary evidence were not new facts.

Prong 1 — national importancenot established · dispositive

the record did not corroborate the economic impact of the proposed endeavor
His plans to provide free classes and apprenticeships, which, while worthwhile, lack more developed proposals that would demonstrate an impact on the field of vocational training.
the Petitioner's business plan lacks corroborating data to establish how the business would achieve these goals

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner's business plan lacks corroborating data to establish how the business would achieve these goals
    AAO decision text
  • certification membership · discounted
    The resubmission of course certificates, letters of recommendation, and evidence of his salary are not new facts
    AAO decision text
  • recommendation letter · discounted
    The resubmission of course certificates, letters of recommendation, and evidence of his salary are not new facts
    AAO decision text
  • motion resubmission · discounted
    he reiterates many of the arguments made on appeal and in the initial filing without providing significant new facts or evidence
    AAO decision text
  • resume experience · discounted

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
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Notable

This is a combined motion to reopen/reconsider following a prior AAO appellate dismissal; the AAO had withdrawn the Director's favorable exceptional-ability finding on appeal and now on motion reaffirms that neither the threshold classification nor national importance was met, without reaching prongs 2 or 3.

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. 103.5
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of E-M-

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