NIW Bearings
dismissedAUG082024_02B52032024-08-08 · combined · 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 physician, proposed to promote breastfeeding by educating, training, and supporting mothers; conducting research, publication, and presentations on breastfeeding; and establishing a nonprofit organization to promote breastfeeding.

Field: breastfeeding education/maternal-infant health · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“in determining whether a proposed endeavor has national importance, the focus is not on the importance of the industry, field, or profession in which an individual will work; but on the "specific endeavor that the [noncitizen] proposes to undertake."”
“the Director specifically considered the articles and evidence referenced by the Petitioner but found that these documents relate to the field at issue in general, rather than to the specific, proposed endeavor.”
“the Director discussed the Petitioner's intent to open a non-profit and determined the Petitioner had not established that her company would enhance societal welfare on a level that would be considered national in scope.”
“the Petitioner did not explain how her specific endeavor would increase the practice of breastfeeding, reduce the physician shortage, or reduce the infant formula shortage at a level commensurate with national importance.”

AAO decision text

How the evidence was treated

  • other · discounted
    “these documents relate to the field at issue in general, rather than to the specific, proposed endeavor”
    AAO decision text
  • motion resubmission · discounted
    “the Petitioner has not asserted or established new facts relevant to our appellate decision that would warrant reopening of the proceedings”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The motion largely reiterated arguments already rejected on appeal without new facts or evidence of legal/factual error; AAO reaffirmed that national importance analysis focuses on the specific endeavor rather than general field importance (e.g., breastfeeding's importance generally, physician/formula shortages).

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)(ii)
  • 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