NIW Bearings
dismissedDEC202024_04B52032024-12-20 · 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 sought to develop a water polo club in the United States, drawing on her experience as a water polo coach.

Field: water polo coaching · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we agreed with the Director after evaluating the Petitioner's proposed endeavor's claimed broader implications and positive economic effects of the endeavor, as well as the business plan, that the record did not adequately demonstrate that these benefits would rise to the level of national importance

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record did not adequately demonstrate that these benefits would rise to the level of national importance
    AAO decision text
  • motion resubmission · discounted
    The Petitioner's repeated contention is supported by the same evidence we discussed in our prior decision.
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO explicitly declined to reach the underlying EB-2 classification question (advanced degree vs. exceptional ability) because prong 1 national importance was already dispositive; motion was dismissed for failing to specify legal/factual errors as required under Matter of O-S-G-, rather than for lack of merit on the substantive Dhanasar issue itself.

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)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of O-S-G-

Cases in adjacent profiles