NIW Bearings
dismissedSEP192024_04B52032024-09-19 · 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 intended to open a computer and information systems management consulting business in Florida, targeting market segments such as English schools, pet shops, and financial/insurance institutions, while creating jobs and generating revenue.

Field: information technology / computer and information systems management · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding that Petitioner qualified for EB-2 as an advanced degree professional, finding the record did not clearly establish both a qualifying degree and five years of progressive work experience; however, this issue was reserved and not dispositive.

Prong 1 — national importancenot established · dispositive

“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”
“the Petitioner has not explained how his proposed employment metrics would have impact beyond his business's area of intended operations”
“the relevant question is not the importance of the industry, sector, or profession in which the individual will work”
“the Petitioner did not establish his proposed endeavor would have broader implications to the overall fields to establish its 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

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

This was the second AAO decision on this petition; a prior appeal had remanded for a new Director decision with instructions that any adverse decision be certified to AAO, but the Director instead issued appeal rights, which the Petitioner followed. The AAO withdrew the Director's favorable threshold EB-2 finding but reserved the issue since prong 1 was dispositive.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

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