NIW Bearings
dismissedSEP202021_05B52032021-09-20 · 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 continue working in plant management and, through his own consulting business, advise U.S. manufacturers and production companies on project, cost, and operations management.

Field: general and operations management / consulting · 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 company, partnerships, and clientele to impact his field or the industry more broadly
the Petitioner does not explain how these staffing and revenue forecasts were calculated or provide evidence to support them
he has not shown that his project's future staffing levels and business activity stand to provide substantial economic benefits in Florida or the United States

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner does not explain how these staffing and revenue forecasts were calculated or provide evidence to support them
    AAO decision text
  • contract revenue · discounted
    has not submitted evidence to demonstrate that benefits to the regional or national economy... would reach the level of substantial positive economic effects
    AAO decision text
  • other · credited

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
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Notable

AAO expressly states its national importance finding is an independent and alternate basis for dismissal, obviating need to reach prongs 2 and 3; cites Poursina v. USCIS on discretionary nature of NIW grants.

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. 204.5(k)(2)
  • Poursina v. USCIS

Cases in adjacent profiles