NIW Bearings
dismissedAUG142024_03B52032024-08-14 · motion_reconsider · 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 supply chain specialist, proposed to continue working in the supply chain industry, without further specifying the nature or scope of the endeavor.

Field: supply chain management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

his expertise relates to the second prong of the Dhanasar framework, and does not establish the national importance of his endeavor
there may be a shortage of professionals in the industry, but he does not explain how filling his position would have a national influence
the Petitioner did not sufficiently detail the proposed endeavor beyond working in the supply chain industry

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    his expertise relates to the second prong of the Dhanasar framework, and does not establish the national importance of his endeavor
    AAO decision text
  • motion resubmission · discounted
    restating the matters discussed on appeal
    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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

This is a motion to reconsider following a prior AAO appeal dismissal; the AAO found the Petitioner failed to identify any specific legal or policy error, merely restating prior arguments, and applied the O-S-G- standard that disagreement without demonstrating legal error is not grounds for reconsideration.

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)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles