NIW Bearings
dismissedSEP082025_03B52032025-09-08 · 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.

The Petitioner sought to launch a consulting company providing business continuity planning, training, and mentoring services to small and medium-sized Latino-owned businesses in the United States.

Field: business continuity planning / small business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish its national importance
the Petitioner provided little detail on these various types of services that cover a wide variety of topics
The Petitioner conflicting and unsupported assertions leave substantial uncertainty as to his claims as to the potential prospective national importance of his proposed endeavor
Generalized conclusory statements that do not identify a specific impact to the field have little probative value
even if these businesses have a national level impact on the U.S. economy, it does not follow that the Petitioner's proposed endeavor would also have such an impact

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner provided little detail on these various types of services that cover a wide variety of topics such that could each be their own industries
    AAO decision text
  • resume experience · discounted
    a petitioner's expertise and record of success is a consideration under Dhanasar's second prong
    AAO decision text
  • other · discounted
    it does not follow that the Petitioner's proposed endeavor would also have such an impact
    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
1,312coded 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 gave shifting, inconsistent figures for projected customers/clients served (14,900; 600,000; 36,230; 32,230) and employees (4 vs. 8), which the AAO cited as undermining credibility of national-impact claims. The AAO also rejected the argument that national importance of the Latino small-business sector as a whole could be imputed to the Petitioner's individual endeavor.

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.

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

Cases in adjacent profiles