NIW Bearings
dismissedNOV192025_01B52032025-11-19 · appeal

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 operate her own company offering eco-friendly interior design services to homeowners, real estate developers, and commercial businesses in a specific local area.

Field: environmental/interior design · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional based on a bachelor's degree plus more than five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the Petitioner did not demonstrate her endeavor's significant potential to employ U.S. workers or offer other economic benefits on a broader scale.
the company's long-term business goals do not indicate that the endeavor would have an impact that is beyond the local area where the business would operate.
the business plan makes no specific projections about the planned market share and only broadly refers to its "target market"
the Petitioner does not demonstrate that her proposed endeavor extends beyond her business and her future clients to impact the field of interior design or any other industries or the U.S. economy more broadly at a level that is commensurate with national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan makes no specific projections about the planned market share and only broadly refers to its "target market"
    AAO decision text
  • resume experience · discounted
    the Petitioner does not explain how her past projects are relevant in determining the potential prospective impact of her 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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The Petitioner attempted to bolster the first-prong national importance argument by citing her professional credentials and completed past projects; the AAO clarified that such personal-qualification evidence belongs to the second Dhanasar prong and is irrelevant to the endeavor's national importance.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles