NIW Bearings
dismissedAUG082022_01B52032022-08-08 · combined · Nebraska 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 historical architect, sought to design, restore, and convert historical buildings (e.g., into a religious/cultural center) as part of her ongoing work in historical architecture and preservation.

Field: historical architecture / historic preservation · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner offers little clarifying explanation or analysis to accompany her portfolio and therefore we cannot determine what specific evidentiary purpose it serves in this matter
she has not established that historical architecture services are not available in the United States or that her techniques are so unique and novel as to impact the field of historical architecture on a scale that rises the level of national importance
he does not provide specific examples of how her proposed endeavor will impact society
the Petitioner has not established how her proposed endeavor would broadly impact society at a level commensurate with national importance

AAO decision text

How the evidence was treated

  • other · discounted
    additional samples and examples of it would not be considered "new facts" upon which to sustain a motion
    AAO decision text
  • recommendation letter · discounted
    he does not provide specific examples of how her proposed endeavor will impact society
    AAO decision text
  • motion resubmission · discounted
    Submitting additional samples or examples of the Petitioner's work...will not necessarily satisfy the Petitioner's burden
    AAO decision text
  • resume experience · discounted
    the purpose of the national interest waiver is not to enable a petitioner to engage in a U.S. job search
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

This is the Petitioner's third combined motion to reopen and reconsider following a prior AAO dismissal on Prong 1 national importance grounds; the AAO reaffirms that dismissal without reaching Prongs 2 or 3, and separately rejects a proffered USCIS STEM news alert as irrelevant because the Petitioner is not a STEM graduate or entrepreneur.

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. 103.5(a)(1)(i)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho

Cases in adjacent profiles