NIW Bearings
dismissedAUG162024_09B52032024-08-16 · 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 special education teacher, sought to open a special education support office providing psychopedagogical support, consultancy on adapting materials for special education, and lectures on education for children with special needs.

Field: special education · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the evidence did not show the Petitioner's proposed endeavor would sufficiently extend beyond her immediate students and customers to enhance societal welfare on a broader scale indicative of national importance
the determination of national importance does not focus on the importance ofthe field in general, but "focuses on the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    While the support letters discuss the Petitioner's successful work, they do not address her proposed endeavor.
    AAO decision text
  • motion resubmission · discounted
    On motion to reopen, the Petitioner does not assert any new facts and does not submit any new evidence.
    AAO decision text
  • resume experience · discounted
    This evidence attests to the Petitioner's significant achievements in her field but is more relevant to the second Dhanasar prong
    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
  • Local, not national scope · p1impact confined to clients / a region
1,581coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO found the petitioner's motion to reopen failed because no new facts/evidence were submitted, and the motion to reconsider failed because the petitioner mischaracterized the prior decision's content (which had already addressed the letter, RFE response, and full scope of the proposed endeavor). Resubmitted speaker/participation evidence and letters were redirected to prong 2 relevance rather than prong 1.

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
  • Matter of Coelho

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show her specific proposed endeavor (not the field generally) had impact extending beyond her immediate students/customers to a national scale; evidence submitted addressed personal achievement, not endeavor impact.

Transferable lesson

Tie evidence directly to the specific endeavor's broader, quantifiable societal/economic reach, not just the field's general importance or the petitioner's credentials.

Endeavor framing

moderate

National-importance theory

public_health · government_interest · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles