NIW Bearings
dismissedAUG122024_07B52032024-08-12 · 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 project manager, proposed to strategically integrate artificial intelligence technologies into health management systems, though supporting letters instead described an app and a differently-named COVID-19 compliance company.

Field: project management / AI integration into health management systems · Read the decision (uscis.gov)

How the evidence was treated

  • recommendation letter · discounted
    the third-party support letters instead refer to an app the Petitioner would purportedly create
    AAO decision text
  • motion resubmission · discounted
    the Petitioner's motion includes insufficient and inconsistent evidence regarding the substantive nature of her proposed endeavor
    AAO decision text

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Notable

This decision arises from combined motions to reopen/reconsider a prior summary dismissal of the appeal, not from a direct merits appeal of the denial. The AAO explicitly declines to reach the NIW eligibility prongs, stating 'our instant decision will not make a determination on this matter' on the underlying eligibility question, even though it notes in dictum (assuming arguendo the motion to reopen were procedurally sufficient) that the Petitioner's evidence was inconsistent about the nature of the proposed endeavor (AI health-management integration vs. an app vs. a differently-named COVID-19 compliance company). The motion to reopen also failed because new evidence post-filing cannot establish eligibility as of the priority date (Matter of Katigbak), and the motion to reconsider failed because Petitioner cited no authority showing the summary dismissal was legally erroneous.

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. 103.2(b)(1)
  • 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
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles