NIW Bearings
dismissedSEP252023_05B52032023-09-25 · 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, a financial manager, proposed to start his own U.S.-based financial consulting/advisory company serving small and medium-sized businesses, offering services such as company valuation, financial planning, and cost control.

Field: finance / financial consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the record does not sufficiently detail the basis for the company's financial and staffing projections, or adequately explain how these projections will be realized
the Petitioner initially claimed that his proposed endeavor would generate four jobs and revenue of $648,000 by the end of its fifth year of operations, in contrast to the projections set forth in the business plan
merely working in the field of financial management or starting a financial advisory services business is insufficient to establish the national importance of the proposed endeavor
The industry reports and articles submitted do not discuss any projected U.S. economic impact or job creation specifically attributable to the Petitioner's proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not sufficiently detail the basis for the company's financial and staffing projections, or adequately explain how these projections will be realized
    AAO decision text
  • recommendation letter · discounted
    these documents relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • resume experience · discounted
    The Petitioner's resume and recommendation letters only address his past accomplishments as a financial manager and do not address the national importance of his endeavor's potential prospective impact
    AAO decision text
  • other · discounted
    the advisory opinion is of little probative value as it does not meaningfully address the details of the proposed endeavor and why it would have national importance
    AAO decision text
  • other · discounted
    The industry reports and articles submitted do not discuss any projected U.S. economic impact or job creation specifically attributable to the Petitioner's proposed endeavor
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

The AAO noted the Director's decision was silent on substantial merit and independently found that prong met, but still dismissed on national importance grounds; it also flagged unexplained discrepancies between the Petitioner's initial professional plan (4 jobs, $648,000 revenue) and his later business plan (21 jobs, $3.3 million revenue), citing Matter of Ho for the principle that such discrepancies must be resolved with independent objective evidence.

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
  • Matter of E-M-
  • Matter of Ho
  • Matter of L-A-C-

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