NIW Bearings
dismissedOCT172023_02B52032023-10-17 · 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, a Brazilian police inspector and law-firm-trained CEO, proposed to open and manage his own private security consulting firm in Florida, offering risk assessment, crime-prevention, and anti-money-laundering due diligence services to businesses, with plans to expand nationwide.

Field: private security consulting / law enforcement · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry, sector, or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposed to undertake.
the job creation and revenue projections included in the Petitioner's business plans are not supported by details showing their basis or an explanation of how those projections will be realized.
Although the authors briefly address the Petitioner's initial business plan, they do not sufficiently address its prospective substantial economic impact
much of the content of the expert opinion letters lacked relevance and probative value with respect to the national importance of the Petitioner's proposed endeavor.
A determination regarding the claimed national importance of a specific proposed endeavor cannot be inferred based on the Petitioner's past accomplishments

AAO decision text

How the evidence was treated

  • business plan · discounted
    not supported by details showing their basis or an explanation of how those projections will be realized
    AAO decision text
  • recommendation letter · discounted
    lacked relevance and probative value with respect to the national importance of the Petitioner's proposed endeavor
    AAO decision text
  • resume experience · discounted
    cannot be inferred based on the Petitioner's past accomplishments
    AAO decision text
  • other · discounted
    We do not question the significance of these issues... but the record does not provide adequate support
    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
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO declined to consider a new impact analysis submitted for the first time on appeal, citing Matter of Soriano; also noted the Petitioner's initial and updated business plans contained inconsistent revenue and tax projections ($232,339 vs. $179,876), undermining reliability of the economic claims.

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.

  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles