NIW Bearings
dismissedSEP102024_05B52032024-09-10 · 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 proposed to work as an IT Specialist in the California area, providing specialized IT services to U.S.-based technology companies to address customer needs.

Field: information technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the matter here is not whether these initiatives are nationally important
the Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing his services as an IT Specialist in the California area
the Petitioner did not demonstrate how his employment would largely influence the field and rise to the level of national importance
the Petitioner did not sufficiently explain or demonstrate how his particular proposed endeavor would have any projected U.S. economic impact or job creation

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not show through supporting documentation how the Petitioner's endeavor sufficiently extends beyond his prospective clients
    AAO decision text
  • resume experience · discounted
    the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
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

AAO explicitly rejected the Director's finding that the endeavor lacked substantial merit but still dismissed on national importance grounds, framing the dismissal as resting on independent and alternate bases and declining to reach threshold classification or prongs two and three.

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
  • Matter of L-A-C-

Cases in adjacent profiles