NIW Bearings
dismissedOCT082024_05B52032024-10-08 · 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 run a Florida-based company providing child-nutrition consulting, education, and training services to schools, families, and communities, including advocacy for nutrition-related policy changes.

Field: nutrition / child nutrition consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not established that her proposed endeavor is of national importance
the labor certification process itself is intended to address labor shortages and her proposed endeavor does not appear to alleviate the shortage of nutritionists to such a degree that it would be considered of national impact
merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor
her business plan does not sufficiently detail the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and staffing projections will be realized
the RIMS modeling relies on various assumptions, which renders it insufficient, by a preponderance of the evidence, to support her assertion that her endeavor will create the economic benefits she asserts
the Petitioner has not established her endeavor's national importance because it does not sufficiently extend beyond her own company, any employees, clients, and other entities or individuals to whom she will provide services

AAO decision text

How the evidence was treated

  • business plan · discounted
    her business plan does not sufficiently detail the basis for the revenue and staffing projections
    AAO decision text
  • recommendation letter · discounted
    the writer restates similar national importance arguments asserted by the Petitioner...these assertions are insufficient to establish the endeavor's national importance
    AAO decision text
  • other · discounted
    they do not specifically discuss the Petitioner's proposed endeavor or explain how her endeavor would have broader implications
    AAO decision text
  • motion resubmission · ignored
    we decline to consider it for the first time on appeal
    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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

Petitioner made grandiose rhetorical claims, comparing her endeavor to 'almost as radical as the Copernican revolution in the sciences and philosophy'; AAO rejected these as unsupported general assertions and noted the endeavor's primary focus was not research despite such framing.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles