NIW Bearings
dismissedAUG232023_02B52032023-08-23 · 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 banker, proposed broad activities in her field such as bringing foreign investment to the United States and providing financial planning advice, without identifying a specific endeavor.

Field: banking/finance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we determined that the Petitioner did not provide sufficient detail regarding her proposed endeavor to establish either its substantial merit or its national importance.
she did not describe a specific endeavor that could be evaluated under the first prong.
without sufficient details regarding the proposed endeavor, the record did not support a link between her work and these positive outcomes.

AAO decision text

Prong 2 — well positionednot established · dispositive

We further determined that the Petitioner did not establish that she is well-positioned to advance the proposed endeavor.

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not submit documentary evidence in support of the motion and does not state new facts to establish eligibility.
    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
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

Petitioner raised a Fourth Amendment claim alleging the Director's denial constituted an unreasonable search/seizure; AAO noted Petitioner failed to explain how the Fourth Amendment was implicated. Motion largely reasserted conclusory claims without addressing the AAO's prior appellate decision as required by regulation.

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

Cases in adjacent profiles