NIW Bearings
dismissedDEC282022_02B52032022-12-28 · motion_reconsider · 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, a business management consultant, proposed to facilitate trade between the United States and Brazil, helping clients expand their revenues through export.

Field: business management consulting / international trade with Brazil · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“These statements do not provide sufficient details about the endeavor, the clients, the nature of their business, the level of revenue expansion”
“The Petitioner generally states that the endeavor will involve an unspecified amount of trade between the United States and Brazil”
“We again reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong.”

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    “the Petitioner has not shown that our prior decision contained errors of law or policy”
    AAO decision text
  • recommendation letter · discounted

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable

This is a second motion to reconsider; the AAO expressly limits its review to whether its immediately prior decision (dismissing the first motion) contained legal or factual error, declining to revisit earlier Director or appellate findings. A footnote explicitly reserves opinion on prongs 2 and 3, confirming prong 1 alone was dispositive throughout the proceedings.

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)(i)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • INA 203(b)(2)
  • INA 291
  • Matter of E-M-

Cases in adjacent profiles