NIW Bearings
dismissedSEP202021_06B52032021-09-20 · 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 financial analyst with expertise in Brazilian markets, proposed to work in U.S. financial services advising on cross-border investment, and later, on appeal, to start a new business helping U.S. and Brazilian clients with investment and market-expansion consulting.

Field: financial analysis / financial services · 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 employer and clientele to impact the financial services industry or U.S. economy more broadly
the Petitioner's reliance on the professor's determination that a petitioner may meet the first Dhanasar prong based on the importance of the industry or profession in which he will work is misplaced.
the Petitioner has not shown that his company's future staffing and revenue levels stand to provide substantial economic benefits in the United States.
The Petitioner, however, does not adequately explain how these staffing and revenue forecasts were calculated.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he does not sufficiently identify, analyze, or discuss the nature of the specific work the Petitioner will perform
    AAO decision text
  • business plan · discounted
    he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed business rises to the level of national importance
    AAO decision text
  • other · discounted
    the relevant question is not the importance of the industry or profession in which the individual will work
    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
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 explicitly declined to weigh other deficiencies in the professor's opinion letter 'for the sake of brevity,' and clarified petitioner need not have a specific job offer since he sought a waiver of that requirement.

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.

  • INA 203(b)(2)
  • Matter of L-A-C-
  • Matter of V-K-
  • Poursina v. USCIS

Cases in adjacent profiles