A bad business plan can completely undermine or destroy your EB-2 NIW case. Today, I am going to discuss how an entrepreneur seeking an EB-2 NIW filed a bad business plan with his case and what you can do to avoid making the same mistake.
Proposed Endeavor and Business Plan
An entrepreneur who aimed to be a CEO of a dental clinic services company filed an EB-2 NIW petition. His proposed endeavor was “to operate a dental clinic services company in Florida to provide orthodontic and dental consultations and diagnostic services…” along with other related services. (1) The objective of his company was to “provide affordable dental services and treatments for adults and children, as well as provide continued education for dental professionals.” As far as his business plan was concerned, he submitted a five-year business plan with his petition where he stated that he “intended to employ a total of 87 direct employees and contractors, which he claimed would result in the creation of 118 indirect jobs.” (2)
However, a Request for Evidence (an “RFE”) was issued in the case. The Petitioner revised his business plan based on consultation with a professor of business and economics to address the Director’s concerns and submitted it with the RFE response. In his updated business plan, he stated that he planned “to open his dental clinics both in Florida and Arizona in cities identified as historically underutilized business zones (HUBZones) by the U.S. Small Business Administration.”(3) Also, he revised some of his calculations.
He was ultimately denied and appealed to the Administrative Appeals Office of U.S. Citizenship and Immigration Services (“AAO”) who ultimately dismissed the appeal. So, what did they say?
The AAO Decision
The AAO discussed many aspects of his case. For the purposes of this article, I will focus solely on the business plan.
The AAO criticized the Petitioner’s business plan for the following reasons:
1. The revised business plan had different employment and financial projects than the original business plan. Specifically,
Initially, the Petitioner indicated that, by its fifth year of operation, his company would employ a total of 84 employees, resulting in an annual payroll expense of $4,331,385, and he indicated that in that same time, the company would generate an annual revenue of $21,240,000. The Petitioner asserted that his operations would also result in 118 indirect jobs created in the communities where he operates. Then, in his updated business plan, he indicated that he intended to employ a total of 36 employees, resulting in an annual payroll of $2,774,220 and the creation of 51 indirect jobs. Additionally, the updated business plan projected the company’s annual revenue to reach $5,848,763 by its fifth year. (4)
2. The revised business plan did not provide a basis for the initial or revised projections. Also, he did not explain why these projections were changed from the original plan.
3. Lastly, and most fatal to his petition, as the AAO stated:
Even if the endeavor’s revenue and job creation projections were sufficiently explained and supported, they do not establish that his company would operate on a scale rising to the level of national importance contemplated in Dhanasar, nor has the Petitioner explained how his proposed employment numbers and revenue would impact his company’s areas of intended operations. (5)
In other words, even if he had the best business plan on the world, drafted by business geniuses and there was no question about its accuracy in calculating the figures and, the goals of the business plan were attainable, the Petitioner did not establish the national importance requirement; therefore, his petition was destined to fail.
Conclusion
So, what are the takeaways?
- Make sure your business plan is accurate before filing. If an RFE is submitted and a revised plan is submitted it looks suspicious and self-serving. Why would the figures be different after the RFE is submitted? The USCIS officer may think you are saying whatever you need to say to get an approval.
- Provide a clear basis for your numbers and projections. USCIS wants to know how you arrived at your numbers.
- Involve experts early on. Have credible experts help create your business plan. It looks better to have professionals involved as opposed to you creating your own plan. It seems that the Petitioner in this case involved an expert only after an RFE was issued. However, by that point, it was too late.
- Use your business plan to show that your proposed endeavor reaches the level of national importance. While having a viable business is important, the government wants to see that your proposed endeavor reaches the level of national importance. Your business plan needs to be crafted with this objective in mind and clearly explain how you plan to obtain this.
This is not legal advice, just legal information. However, if you need advice specific to your case, please send an email to ejedwards@edwardslegalservices.com.
Source Material: In re [Redacted], No. 37116228 (AAO Feb. 24, 2025) (appeal of Texas Service Center decision on Form I-140, Immigrant Petition for Alien Workers (National Interest Waiver)), https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2025/FEB242025_02B5203.pdf.
(1) In re 37116228, at 1 (AAO Feb. 24, 2025) (non-precedent), https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2025/FEB242025_02B5203.pdf.
(2) Id.
(3) Id. at 3
(4) Id. at 5
(5) Id.
Last Updated on September 30, 2025 by Ernest J. Edwards
