NIW Bearings
dismissedSEP162024_05B52032024-09-16 · 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 General and Operations Manager of a planned auto parts wholesaling firm headquartered in Florida, using her experience in purchasing, sourcing, HR, finance, and strategic leadership.

Field: auto parts wholesaling / operations management · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director determined, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the articles submitted, which describe the responsibilities of a general and operations manager, do not establish her specific proposed endeavor would have a broader impact on the auto parts wholesale or international purchasing fields
she did not establish it will have substantial national implications or have a broader impact on her field, extending beyond her company and the individuals she directly serves
the business plan does not provide sufficient explanation for the basis of these projections
these figures do not establish that the Petitioner's company would operate on a scale rising to the level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not provide sufficient explanation for the basis of these projections
    AAO decision text
  • resume experience · discounted
  • recommendation letter · ignored
  • other · discounted
    do not establish her specific proposed endeavor would have a broader impact on the auto parts wholesale or international purchasing fields
    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
  • 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

Petitioner raised a procedural argument that the Director imposed 'novel substantive and evidentiary requirements beyond those set forth in regulations' and failed to give due regard to evidence; AAO rejected both arguments, affirming preponderance-of-evidence standard was properly applied and that the Director had reviewed all evidence.

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
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles