NIW Bearings
dismissedSEP262024_07B52032024-09-26 · 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 proposed to manufacture and sell eco-friendly furniture made from reused materials in the United States, using a 'white label' model to help small and medium businesses offer sustainable products and offering consulting services to other furniture manufacturers.

Field: eco-friendly furniture manufacturing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work
there is no explanation of the origins of the estimates or of how they were calculated
Broad statements and projections regarding the potential growth of the Petitioner's business ... do not demonstrate the prospective impact directly attributable to his proposed endeavor
he has not provided evidence to establish that he would employ a significant population of workers in the area

AAO decision text

How the evidence was treated

  • business plan · discounted
    there is no explanation of the origins of the estimates or of how they were calculated
    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
  • 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

Director had already found threshold EB-2 classification met, and had found prong 1 substantial merit and prong 2 well-positioned satisfied; AAO on de novo review reversed course and found prong 1 national importance not met, disagreeing with the Director's prior favorable findings on that prong.

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
  • INA 203(b)(2)

Cases in adjacent profiles