NIW Bearings
dismissedSEP192024_11B52032024-09-19 · 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, a petroleum/reservoir engineer, proposed to co-found an oil and gas industry strategic consulting company in Texas serving production companies, banks, and private investors.

Field: petroleum engineering · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his customers to impact his field or the U.S. economy more broadly at a level commensurate with national importance
the business plan primarily consists of information unrelated to a plan for operating a business, such as the Petitioner's prior work experience and generalized information regarding the oil and gas industry
the record does not establish how the specific endeavor the Petitioner proposes to undertake may benefit "oil and gas production companies, banks, and private investors" that are not clients
the business plan does not establish which particular area within the I I Texas, metropolitan area the company will be located
the record does not establish how one additional oil and gas industry consulting company in the I I Texas, metropolitan area, employing eight total workers, demonstrates a significant potential to employ U.S. workers or other substantial positive economic effects

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan primarily consists of information unrelated to a plan for operating a business
    AAO decision text
  • recommendation letter · discounted
    it does not provide probative information about how the specific endeavor the Petitioner proposes to undertake may have the type of national or even global implications
    AAO decision text
  • other · discounted
    the generalized information in the record regarding the oil and gas industry ... is immaterial to determining whether the proposed endeavor may have national importance
    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
  • 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
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

AAO noted the Director's RFE had told Petitioner he did not qualify as an advanced degree professional, yet the Director still proceeded to the NIW analysis; AAO expressly declined to resolve this inconsistency, reserving the threshold EB-2 question as unnecessary given the dispositive prong 1 failure. AAO also took 'administrative notice' that only certain areas of the metro area are economically distressed.

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-

Cases in adjacent profiles