NIW Bearings
dismissedDEC042024_07B52032024-12-04 · 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 proposed to operate a consulting and advising company focused on facilitating internationalization of business between Brazil and the United States, offering strategic planning, market analysis, regulatory/legal advice, HR consulting, contracts support, and training.

Field: international business consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we concluded that the record did not establish its national importance under the Dhanasar framework
she did not provide a basis for her company's projected employment and financial calculations, and identified discrepancies between the projected financials in the record
the record did not show how any training, even if beneficial to her direct clients, would result in broader implications to her field

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record did not establish these projections showed her company would result in substantial positive economic effects
    AAO decision text
  • motion resubmission · discounted
    The Petitioner cannot meet the requirements of a motion to reconsider by broadly disagreeing with our conclusions
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described 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; the AAO's analysis focuses on whether the prior decision erred, reaffirming the original prong 1 finding was correct and criticizing the Petitioner for generally disagreeing rather than identifying legal/factual error, consistent with Matter of O-S-G- standard.

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 L-A-C-
  • Matter of O-S-G-

Cases in adjacent profiles