NIW Bearings
dismissedSEP132023_11B52032023-09-13 · 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 sought to provide business consulting services to small and medium-sized U.S. companies, particularly Latino-owned businesses, through advice on financial control, organizational structure, and profitability.

Field: business consulting/administration · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

she has not shown that her proposed endeavor stands to sufficiently extend beyond her company and its clientele to impact her field or the U.S. economy more broadly at a level commensurate with national importance.
she has not demonstrated that her undertaking has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
the record does not show that benefits to the regional or national economy resulting from the Petitioner's business consulting projects would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • other · discounted
    The record includes a report from the White House discussing the increase in small businesses under the Biden-Harris Administration.
    AAO decision text
  • business plan · discounted
    she has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance
    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
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Notable

Petitioner did not submit a brief or additional evidence on appeal, relying only on the initial record; AAO framed dismissal as based on independent and alternate grounds despite reaching only 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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles