NIW Bearings
dismissedSEP132023_06B52032023-09-13 · 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 sought to operate an insurance brokerage company in Florida, commercializing insurance products and services to individuals and businesses.

Field: insurance brokerage · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director concluded, and AAO agreed, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Neither the letters nor any other evidence within the record provides insight into how the Petitioner's endeavor to build an insurance consultancy company in Florida, will positively impact the region or the industry beyond any clients to which his singular business will provide consultancy services.
General assertions about his company's potential impact are not supported in the record by corroborating evidence of the plausibility of those assertions
the growth, revenue, and hiring projections provided in the business plan are not accompanied by an explanation of the sources used for those calculations
The evidence of record does not demonstrate that the endeavor realistically has significant potential to employ U.S. workers or otherwise offer substantial positive economic benefits for the United States.

AAO decision text

How the evidence was treated

  • business plan · discounted
    General assertions about his company's potential impact are not supported in the record by corroborating evidence of the plausibility of those assertions
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's experience is not relevant to the first part of the Dhanasar framework, but to the second
    AAO decision text
  • other · discounted
    we examine the endeavor itself to evaluate its broader 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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

AAO expressly declined to reach prongs two and three, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues; the Petitioner's articles/industry-reports on occupational shortages in the field were treated as insufficient to establish importance of the specific endeavor itself.

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-
  • Poursina v. USCIS

Cases in adjacent profiles