NIW Bearings
dismissedSEP232024_01B52032024-09-23 · 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 sought to open a management consulting, advisory, and training office in an underserved region of Florida, projecting revenue growth and job creation over five years.

Field: 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 her potential employers, her company, and clientele to impact the management consulting field or U.S. economy more broadly
she has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for the United States
the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's management consulting projects would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • business plan · discounted
    she has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance
    AAO decision text
  • recommendation letter · discounted
  • motion resubmission · ignored
    this evidence was not submitted on appeal
    AAO decision text
  • other · discounted

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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

The Petitioner referenced new financial forecasts and case studies on appeal but the AAO noted this evidence was never actually submitted, undermining the claim.

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
  • Chen v. INS
  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles