NIW Bearings
dismissedOCT192023_02B52032023-10-19 · 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 human talent administration engineer, proposed to start a consulting and advisory business providing labor-law compliance analysis and training plans to U.S. companies with 5 to 500 employees, beginning in Florida and expanding to other states.

Field: human resources / talent management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we also find that the Petitioner initially offered vague and generic statements about his endeavor
merely working in an important field is insufficient to establish the national importance of the proposed endeavor
none of the articles or reports provided in the initial filing specifically referenced the Petitioner's endeavor and how it will directly impact the field or the U.S. economy
he has not provided persuasive details concerning how he intends to grow his company
does not sufficiently demonstrate the basis for its financial projections
this single letter of interest does not corroborate the nature or numerosity of clients or clients' projects to support the claims that his endeavor will have substantial economic impact
the record does not demonstrate that the Petitioner's endeavor has broad implications to the field or that it would offer substantial economic effects

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not provide details regarding the Petitioner's proposed endeavor or how it will specifically impact the field
    AAO decision text
  • business plan · discounted
    does not sufficiently demonstrate the basis for its financial projections
    AAO decision text
  • contract revenue · discounted
    this single letter of interest does not corroborate the nature or numerosity of clients or clients' projects
    AAO decision text
  • other · discounted
    merely working in an important field is insufficient to establish the national importance of the proposed endeavor
    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
1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner alleged the Director exhibited negative bias and acted arbitrarily/capriciously in the denial, and argued economic-impact projections are not legally required under Prong 1; the AAO rejected these procedural/legal arguments and affirmed the Director's approach as consistent with Dhanasar's framework for evaluating economic effects and job creation.

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