NIW Bearings
dismissedSEP042024_05B52032024-09-04 · 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, an entrepreneur with over 20 years of business and finance experience, sought to operate a consulting firm advising small and medium-sized companies and entrepreneurs, particularly those operating Latin American businesses in the United States.

Field: business and financial consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualified for the underlying EB-2 classification as a member of the professions holding an advanced degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele to impact the business and financial consulting industry or otherwise impact economic initiatives more broadly
he has not shown that his company's future staffing levels, business activity, associated tax revenue, and financial initiatives stand to provide substantial economic benefits in Florida
the Dhanasar framework instructs us to evaluate the impact of the specific proposed endeavor, rather than the field or industry generally
The Petitioner also claims he has documented an "impending shortage of business professionals in the United States."

AAO decision text

How the evidence was treated

  • resume experience · discounted
    Although the Petitioner stresses that the proposed endeavor is likely to be successful given his extensive work experience...these factors are not sufficient to show national importance.
    AAO decision text
  • business plan · discounted
    it does not demonstrate that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects" contemplated by Dhanasar.
    AAO decision text
  • recommendation letter · discounted
  • other · discounted
    the Dhanasar framework instructs us to evaluate the impact of the specific proposed endeavor, rather than the field or industry generally.
    AAO decision text

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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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

The Petitioner argued the Director applied a 'novel standard' and misweighed evidence, but the AAO found he failed to identify any specific example of error, rejecting the claim as unsupported.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles