NIW Bearings
dismissedSEP182024_01B52032024-09-18 · 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, a former Brazilian police officer, proposed to establish a private security consulting business providing security program evaluations, technical assistance, and training to law enforcement.

Field: security consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner has not explained how his experience or knowledge demonstrates that the endeavor has the potential to impact U.S. national security, crime rates, the private security industry, or the economy at a level commensurate with national importance.”
“The Petitioner has not offered, and the letters do not establish, a sufficiently direct connection between the Petitioner's proposed security consulting services and any potentially nationally important impact.”
“although the articles and industry reports in the record provide information about crimes statistics, they do not discuss the Petitioner, the proposed endeavor, or how the endeavor may have national or even global implications”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “any successful business will presumably have clients who are satisfied with the business's services.”
    AAO decision text
  • other · discounted
    “they do not discuss the Petitioner, the proposed endeavor, or how the endeavor may have national or even global implications within a particular field.”
    AAO decision text
  • resume experience · discounted
    “this claim does not help demonstrate the potential prospective impact of the proposed endeavor.”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
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Notable

AAO declined to reach threshold EB-2 exceptional ability question (translation certification issue) and prongs 2-3, resting dismissal solely on prong 1 national importance failure; cites Fifth Circuit's Flores v. Garland on discretionary nature of NIW.

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. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

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