NIW Bearings
dismissedSEP302024_03B52032024-09-30 · 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 civil engineer, proposed to work as an entrepreneur operating her own construction management consulting company offering services to engineering companies, real estate developers, and individuals building homes, with a focus on sustainable construction practices.

Field: civil engineering / construction management · Read the decision (uscis.gov)

Prong 1 — national importancenot established

“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
“she has not provided corroborating evidence that directly link her specific endeavor or her company to the overall economy's growth or its impact in economically depressed areas”
“the Petitioner does not adequately explain how these staffing numbers or sale forecasts were calculated”
“they lack corroborating evidence to support that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects."”

AAO decision text

Prong 2 — well positionednot established

“there is no evidence that she has previously attempted or succeeded in starting a new business”
“the record lacks documentation of any progress towards achieving this endeavor, which might include the establishment of the business as a legal entity”
“the letter vaguely refers to the Petitioner's "significant contributions to the field" or "a broad range of knowledge in the Construction industry"”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “lack corroborating evidence to support that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects."”
    AAO decision text
  • recommendation letter · discounted
    “this type of evidence relates to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
    AAO decision text
  • other · discounted
    “does not offer concrete and persuasive details concerning the endeavor's specific impact that demonstrates national importance”
    AAO decision text
  • contract revenue · discounted
    “the letter vaguely refers to the Petitioner's "significant contributions to the field" ... instead of discussing the details regarding the nature of collaboration, investment, or contract”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
  • Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
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Notable

The Director had found the Petitioner satisfied prongs 1 (substantial merit) and 2 but failed national importance and prong 3; AAO disagreed and reversed on prong 2 as well, while reserving opinion on threshold EB-2 eligibility entirely. Petitioner raised an impracticality-of-labor-certification argument for entrepreneurs, which AAO declined to address given prongs 1-2 failures.

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
  • Flores v. Garland
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to corroborate that her company's economic impact, job creation, or 'depressed area' benefits would reach a level of national importance, and lacked evidence of entrepreneurial progress (funding, investors, business formation).

Transferable lesson

For entrepreneurial NIW petitions, corroborate business projections with concrete progress (funding, investors, registration) and tie impact data directly to national/regional scale, not generic industry importance.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

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