NIW Bearings
dismissedAUG212024_09B52032024-08-21 · 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 change management manager/consultant, proposed to continue consulting work implementing organizational change management, including through a small business.

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

Prong 1 — national importancenot established · dispositive

the record does not sufficiently demonstrate that the consulting activities offer benefits that extend beyond the Petitioner's clients to impact the industry more broadly
she had not sufficiently detailed how a small business would impact a given region in which she is located
the Petitioner had not provided evidence of the broader implication for the field

AAO decision text

How the evidence was treated

  • business plan · discounted
    the financial projections from the business plan were insufficient to show national impact
    AAO decision text
  • motion resubmission · discounted
    restates issues we have already considered in our previous decisions
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a second motion to reconsider following a prior appeal dismissal and a prior motion to reconsider dismissal, both on prong 1 national importance grounds. The Petitioner argued the AAO conflated prong 1 and prong 2 analysis (e.g., past achievements/economic impact should belong to well-positioned prong), but AAO rejected this as a misinterpretation and found the motion merely restated prior arguments.

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 L-A-C-
  • Matter of O-S-G-

Cases in adjacent profiles