NIW Bearings
dismissedSEP042024_04B52032024-09-04 · 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 planned to establish and operate a company in the United States providing market research and data analysis/consulting services to businesses and investors seeking sales growth and profitability.

Field: market research and data analysis · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; this was not contested on appeal.

Prong 1 — national importancenot established · dispositive

This material, however, does not provide sufficient insight into the Petitioner's business plans regarding his proposed marketing research and analysis services company or how this specific endeavor would have a potential prospective impact of national importance.
A business plan submitted in response to the RFE uses similarly vague language to outline the Petitioner's intentions
The Petitioner did not, however, provide a sufficient basis for these projections, nor are the numbers corroborated by probative evidence sufficient to demonstrate that it is more likely than not that the company will have a substantial positive economic effect within any field.
This ambitious vision for the impact of the Petitioner's company on the nation's economy is not supported by probative evidence, including any evidence of a cause-and-effect relationship between his company's services and the economy.
the asserted national importance of his proposed endeavor relies on the overall importance of responsible financial management and data analysis in optimizing business performance

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner did not, however, provide a sufficient basis for these projections, nor are the numbers corroborated by probative evidence
    AAO decision text
  • recommendation letter · discounted
    the letters do not sufficiently demonstrate the national importance of the Petitioner's proposed endeavor
    AAO decision text
  • other · discounted
    This material, however, does not provide sufficient insight into the Petitioner's business plans
    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
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Notable

AAO noted the appeal itself was deficient because Petitioner failed to specify Director's alleged legal/factual errors, which alone would justify dismissal under 8 C.F.R. 103.3(a)(1)(v), but AAO nonetheless proceeded to address the merits of prong 1.

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
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles