NIW Bearings
dismissedSEP032024_04B52032024-09-03 · 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, a security systems and electrical engineer, proposed to work as CEO of his own company designing, selling, and installing smart home automation and security-monitoring technology products.

Field: security systems and electrical engineering / smart home technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not demonstrate it would have significant potential to employ U.S. workers, have substantial positive economic impact, broadly impact the industry on national or global level beyond his business and customers
These projections, however, lack corroborating evidence that would objectively substantiate them.
The Petitioner's reliance on his aspirational business plan, support letters, and general industry reports, thus, does not demonstrate that his proposed endeavor has a significant potential to employ U.S. workers or will have substantial positive economic effects that may indicate national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    These projections, however, lack corroborating evidence that would objectively substantiate them.
    AAO decision text
  • resume experience · discounted
    the referenced evidence and assertions focus on his experience and skills and relates to Dhanasar's second prong
    AAO decision text
  • recommendation letter · discounted
    the record...does not demonstrate how his proposed work would have the broader implications for the industry and U.S. economy as he claims, beyond his business and clientele
    AAO decision text
  • patents · discounted
    he does not claim, and the record does not include any evidence, that his foreign patent made any industry-wide impact in the United States
    AAO decision text
  • other · discounted
    general industry reports, thus, does not demonstrate that his proposed endeavor has a significant potential to employ U.S. workers
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This was a second appeal following a prior AAO remand. The AAO discussed at length whether the Petitioner's RFE response describing a new CEO role constituted an impermissible material change from the initially filed endeavor (citing Katigbak and Izummi), though it ultimately assumed no material change and still found no national importance. The AAO also noted that a newly filed U.S. provisional patent application submitted on appeal 'will not be examined for patentability and will become abandoned' within twelve months, undermining its evidentiary value.

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)(12)
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Izummi
  • Matter of Katigbak

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show national importance: unsubstantiated business projections, no evidence of industry-wide adoption or impact beyond his own clientele, and a material shift from engineer to CEO role.

Transferable lesson

Support national importance with corroborated, endeavor-specific evidence of broad economic/industry impact—not aspirational projections or personal credentials better suited to prong two.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

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