NIW Bearings
dismissedOCT032025_01B52032025-10-03 · appeal

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 run a consulting initiative providing training, mentorship, and business consulting services to self-employed entrepreneurs and small/medium businesses in rural, low-income areas of Florida, aiming to stimulate local economic development.

Field: small business / entrepreneurship consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

This material, however, does not provide sufficient insight into the Petitioner's business plans or how his specific endeavor would have a potential prospective impact of national importance.
The Petitioner did not, however, provide a sufficient basis for these projections, nor are the numbers corroborated by probative evidence
the Petitioner did not specifically describe how he would undertake an endeavor of a scale that would reach the level of "substantial positive economic effects" contemplated by Dhanasar.
the importance of the Petitioner's business endeavor cannot be established based solely on its general relationship to business sectors recognized as one of many sectors of importance within the national economy
The Petitioner has not demonstrated that his proposed endeavor has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for the nation.

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide sufficient insight into the Petitioner's business plans or how his specific endeavor would have a potential prospective impact of national importance
    AAO decision text
  • recommendation letter · discounted
    the letters do not sufficiently demonstrate the national importance of the Petitioner's proposed endeavor
    AAO decision text
  • funding · discounted
    evidence of investment interest ... generally relates not to the national importance of an endeavor ... but to the second [prong]
    AAO decision text
  • other · discounted
    material tangentially related to establishing a business offering consultancy services, such as articles discussing business statistics and the U.S. economy
    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
  • 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

AAO cites USCIS Policy Manual entrepreneur-specific guidance (F.5(D)(6)) to reject broad economic-benefit and job-creation assertions as insufficient for entrepreneurs specifically; also analogizes the petitioner's knowledge-transmission-to-clients model to Dhanasar's own teaching-activity discussion to find no broader field 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.

  • 8 C.F.R. 103.3
  • 8 C.F.R. 103.5
  • Flores v. Garland

Cases in adjacent profiles