NIW Bearings
dismissedDEC172024_02B52032024-12-17 · 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 sought to establish a company offering ADHD-related courses and training for parents, teachers, and coordinators in Florida.

Field: ADHD-related education/training courses · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO's prior appellate decision found the foreign degree not established as bachelor's equivalent; on motion the Petitioner submitted new evidence establishing degree equivalence, resolving the threshold issue in her favor.

Prong 1 — national importancenot established · dispositive

“the record did not establish her endeavor is nationally important as contemplated in Dhanasar”
“the Petitioner did not provide an explanation or evidence corroborating the basis for these projections”
“she did not establish her endeavor will result in broader implications beyond her business and prospective clients”
“the Petitioner has not established that these partnerships, even if realized, would result in broader implications commensurate with national importance”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the Petitioner did not provide an explanation or evidence corroborating the basis for these projections”
    AAO decision text
  • degree · credited
  • motion resubmission · discounted
    “she continues to rely on the same claims previously addressed in our appellate decision”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

Petitioner prevailed on the threshold EB-2 advanced-degree issue via new evidence on motion (degree equivalency), but this did not affect the dispositive Prong 1 national-importance failure, which the AAO held was not adequately challenged as legal or factual error under the motion to reconsider 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(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Coelho
  • Matter of O-S-G-

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