NIW Bearings
dismissedSEP012026_04B52032026-09-01 · appeal

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.

To found and operate a supply-chain consulting company serving small and medium U.S. enterprises with strategic planning, process optimization, and technology-implementation services.

Field: supply-chain consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Prong 1 — national importancenot established · dispositive

“the financial figures are arbitrary and unsubstantiated.”
“the proposed endeavor of providing consulting services to clients appears to benefit the Petitioner, his company, and its clients”
“essentially all of the publications the Petitioner submits on appeal are dated after he filed the Form 1-140”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the financial figures are arbitrary and unsubstantiated”
    AAO decision text
  • other · discounted
    “it does not address the Petitioner, the specific endeavor he proposes to undertake”
    AAO decision text
  • recommendation letter · discounted
    “the letters of recommendation or the opinion letter in the record demonstrate the proposed endeavor has national importance.”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Local, not national scope · p1 — impact confined to clients / a region
  • Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
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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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles