NIW Bearings
dismissedSEP282023_03B52032023-09-28 · 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 expand his Colombia-based human resources and organizational development consulting company into Florida, providing HR consulting services primarily to small and medium-sized businesses.

Field: human resources and organizational development consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualifies as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

such evidence does not demonstrate how the Petitioner's specific proposed endeavor stands to impact the broader field or otherwise establish its national importance
the record does not contain sufficient evidence to demonstrate that the area where it will operate is economically depressed
The record does not support that the creation of 30 additional jobs in the human resources and organizational development sector...will have a substantial economic benefit commensurate with the national importance element
the letter, like the evidence discussed above, focuses on the importance of the Petitioner's industry, occupation, and past professional achievements, rather than addressing how the specific proposed endeavor would satisfy the national importance element
A determination regarding the claimed national importance of a specific proposed endeavor cannot be inferred based on the Petitioner's past achievements, just as it cannot be inferred based on general claims about the importance of a given field or industry.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not contain sufficient evidence to demonstrate that the area where it will operate is economically depressed
    AAO decision text
  • recommendation letter · discounted
    much of the content of the expert opinion letter is lacking relevance to the issue at hand
    AAO decision text
  • resume experience · discounted
    the Petitioner's expertise acquired through his employment relates to the second prong of the Dhanasar framework
    AAO decision text
  • other · discounted
    such evidence does not demonstrate how the Petitioner's specific proposed endeavor stands to impact the broader field
    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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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Notable

The AAO's analysis is notable for explicitly distinguishing between evidence of industry/field importance versus the specific endeavor's national importance, and for rejecting the 'economically depressed area' argument for lack of specific support despite reference to Florida generally.

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)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles