NIW Bearings
dismissedDEC132021_01B52032021-12-13 · combined · Nebraska 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, an historical architect, proposed work related to Islamic/Persian architecture, including consulting on the design of an Islamic cultural center, lecturing, and teaching classes on historic architectural forms.

Field: historical architecture · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong
The information and evidence provided doesnotsuggest that the Petitioner's activities in this regard would have broader implications in the field or extend beyond the individuals who attend her lectures
the Petitioner has not explained how the benefits of the cultural center would be so substantial as to rise to the level of national importance
these future activities do not assist the Petitioner in establishing eligibility at the time of filing
the article does not establish that the Petitioner's proposed endeavor would have broader implications in the field or enrich societal culture

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    praises the Petitioner's personal and professional qualifications but does not demonstrate knowledge of the proposed endeavor
    AAO decision text
  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."
    AAO decision text
  • other · discounted
    the articles do not discuss the specific cultural center the Petitioner proposes to consult on, nor do they discuss the Petitioner's role
    AAO decision text
  • business plan · discounted
    these future activities do not assist the Petitioner in establishing eligibility at the time of filing
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
1,312coded 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

Second combined motion to reopen/reconsider following a prior dismissed appeal and a prior dismissed combined motion; AAO applies 'eligibility at time of filing' doctrine extensively to reject post-filing speaking engagements, teaching offers, and a speculative cultural-center consulting role as evidence of national importance.

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. 103.2(b)(1)
  • 8 C.F.R. 103.5
  • Matter of Izummi

Cases in adjacent profiles