NIW Bearings
dismissedSEP192024_05B52032024-09-19 · 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 establish a technical solutions consultancy firm offering IT process management, ERP implementation, and business intelligence services to small businesses such as English schools, pet shops, and financial/insurance institutions.

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

EB-2 threshold — addressed

The Director found the Petitioner did not qualify as an advanced degree professional or exceptional ability individual, and the AAO noted his work experience did not appear related to his proposed endeavor, but the AAO reserved this issue as unnecessary to the dispositive prong 1 finding.

Prong 1 — national importancenot established · dispositive

Although any basic economic activity has the potential to positively impact a local economy, the Petitioner has not demonstrated how the economic activity directly resulting from his proposed endeavor would rise to the level of national importance.
However, the business plan does not provide sufficient explanation for the basis of these projections.
The Petitioner has not explained how his proposed employment metrics would have impact beyond his business's area of intended operations.
While we acknowledge the importance of the fields of business and information technology, 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
  • recommendation letter · ignored

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
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Notable

The AAO expressly declined to reach the threshold EB-2 classification question even though it flagged a potential deficiency (work experience unrelated to proposed endeavor) not relied upon by the Director, since prong 1 failure 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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles