NIW Bearings
dismissedDEC102024_01B52032024-12-10 · 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, an industrial designer, sought to create environmentally sustainable construction finishing products and architectural finishes complying with green/LEED standards, and to consult with construction firms on sustainable materials.

Field: industrial design / sustainable construction materials · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an individual of exceptional ability (and as advanced degree professional); not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner nonetheless has not demonstrated that her proposed endeavor offers broader implications in the manufacturing, design, and construction field or substantial positive economic effects for the country that rise to the level of national importance.
the record lacks sufficient evidence that the Petitioner's existing or future products have been or will be adopted by the industry, made an impact in the field, or had far-reaching implications.
The Petitioner, however, does not provide sufficient detail of the basis of her projections or adequately explain how these revenue forecasts will be realized.
It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims.

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not provide sufficient detail of the basis of her projections or adequately explain how these revenue forecasts will be realized
    AAO decision text
  • recommendation letter · discounted
    the record does not include adequate corroborating evidence to demonstrate that the Petitioner's specific proposed endeavor will have broader implications
    AAO decision text
  • other · discounted
    the record lacks sufficient evidence that the Petitioner's existing or future products have been or will be adopted by the industry, made an impact in the field, or had far-reaching implications
    AAO decision text

Where this case turned

  • 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
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

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 L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles