NIW Bearings
dismissedOCT312024_02B52032024-10-31 · 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 business consultant, proposed to provide consulting, management, and process implementation advice and educational activities to small and medium-sized, Latino-owned businesses in the United States.

Field: business consulting for small and medium-sized Latino-owned businesses · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director had erroneously evaluated exceptional-ability classification; AAO found the Petitioner qualifies as a member of the professions holding an advanced degree based on her master's degree in public administration.

Prong 1 — national importancenot established · dispositive

the Petitioner improperly relies upon the importance of the industry to establish the national importance of her proposed endeavor
it can only be determined that the proposed endeavor's impact will be limited to the clients and the companies it will serve
the record does not establish that the Petitioner's proposed endeavor itself will have substantial positive economic effects

AAO decision text

How the evidence was treated

  • other · discounted
    it does not establish the national importance of the Petitioner's specific proposed endeavor
    AAO decision text
  • recommendation letter · ignored
    it was also appropriately analyzed under the exceptional ability criteria, even though the exceptional ability analysis was not needed
    AAO decision text
  • degree · credited

Where this case turned

  • 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
2,501coded 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

AAO corrected the Director's erroneous threshold analysis (which had wrongly evaluated exceptional ability instead of advanced degree professional), finding the Petitioner did qualify for EB-2 classification, but still dismissed on prong 1 national importance, reserving prongs 2 and 3.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles