NIW Bearings
dismissedAUG222023_01B52032023-08-22 · 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 initially proposed to continue working generally in electrical engineering, but later, in response to a NOID, proposed to establish a company providing a range of engineering services.

Field: electrical engineering · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner did not provide consistent information regarding his proposed endeavor”
“without providing consistent information as to the proposed endeavor, the Petitioner had not established the endeavor's national importance”

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    “the Petitioner makes only this general assertion in a conclusive manner that the denial was improper”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable

This is a motion to reconsider following a prior AAO appellate dismissal (not the underlying merits decision itself). The Petitioner raised a Fourth Amendment claim alleging the Director's denial violated constitutional search-and-seizure protections; the AAO noted the Petitioner failed to explain how the Fourth Amendment was implicated. The AAO treated the filing as a motion to reconsider only, despite the Petitioner labeling it a combined motion, because no new facts or evidence were submitted as required for a motion to reopen.

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
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)

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