NIW Bearings
dismissedDEC272023_03B52032023-12-27 · motion_reopen · 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, an IT entrepreneur, proposed to run a company providing IT-related services (with an emphasis on business intelligence) to customers in the United States.

Field: information technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established

we concluded that the Petitioner had not shown that his proposed endeavor would have a broader impact on the IT field.
We also concluded that the Petitioner's assertions about job creation appeared to be conjectural.

AAO decision text

How the evidence was treated

  • business plan · discounted
    More details about his company's services do not overcome these deficiencies.
    AAO decision text
  • other · discounted
    background information about IT and entrepreneurship, which is not specific to the proposed endeavor
    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

Decision is primarily a procedural dismissal of an untimely motion to reopen (failure to show delay was beyond petitioner's control due to proper service on attorney of record); the merits discussion of prong 1 appears only in a footnote as an alternative basis.

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