NIW Bearings
dismissedOCT152024_04B52032024-10-15 · appeal · Nebraska 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, CEO of an Israeli company providing AI-enabled customer experience software, sought to relocate and expand the company to the U.S., establishing an 'innovation center' in Ohio and partnering with distributors and consultants to deploy the technology to medium and large organizations.

Field: AI-enabled customer experience software / business technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; this was not contested on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner however has not shown that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the United States.
It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims.
the Petitioner also mentions Ohio as the location for his innovation center, creating inconsistency in his claims.
The relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    we acknowledge the Petitioner's evidence and assertions, we conclude that the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his clients
    AAO decision text
  • business plan · discounted
    the Petitioner nonetheless has not provided sufficient evidence or detailed information to demonstrate that his proposed endeavor will bring substantial economic benefit
    AAO decision text
  • contract revenue · discounted
    the record does not indicate that the benefits to the regional or national economy resulting from the Petitioner's proposed endeavor would reach the level of "substantial positive economic effects"
    AAO decision text
  • other · discounted
    the record does not support the Petitioner's general assertions with corroborating evidence demonstrating the plausibility of those assertions
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

The AAO noted an internal inconsistency in the Petitioner's evidence regarding the location of the proposed 'innovation center' (two different Ohio locations cited), which undercut the economically-depressed-area argument for national importance. The decision relies heavily on distinguishing personal qualifications/experience (relevant to prong two) from the endeavor-focused prong one analysis, and declines to reach prongs two and three as moot given the dispositive prong one failure.

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