NIW Bearings
dismissedJAN172023_03B52032022-01-17 · 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 assistant professor, proposed to continue teaching university courses on weather, climate, and environmental science while conducting geological/climate-related research and engaging in related professional committee work and public outreach.

Field: earth, environmental and planetary sciences (climate/geology) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

this evidence did not show that the benefits of his instructional activities will have broader implications for his field, as opposed to being limited to the students
we determined that it did not identify the research or teaching projects that the Petitioner plans to undertake
in determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work
he has not shown that his scholastic endeavors stand to have broader implications rising to the level of having national importance
the record does not reflect that he was involved in the COP26 climate talks other than to impart information to the public during his brief interview

AAO decision text

How the evidence was treated

  • resume experience · discounted
    did not show that the benefits of his instructional activities will have broader implications for his field, as opposed to being limited to the students at the institutions where he intends to teach
    AAO decision text
  • certification membership · discounted
    we determined that it did not identify the research or teaching projects that the Petitioner plans to undertake
    AAO decision text
  • funding · discounted
    does not sufficiently explain the significance of this research project to the Petitioner's field of endeavor
    AAO decision text
  • other · discounted
    without more information about these research projects, the Petitioner has not established that... his proposed endeavor stands to have broader implications
    AAO decision text
  • media · discounted
    the record does not reflect that he was involved in the COP26 climate talks other than to impart information to the public during his brief interview
    AAO decision text
All 6 evidence items
  • motion resubmission · discounted
    Resubmitting previously provided evidence or reasserting previously stated facts do not meet the requirements of a motion to reopen
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a second-order motion decision: the AAO had previously dismissed an appeal and a first set of motions on prong 1 grounds alone, and this decision addresses a further motion to reopen/reconsider that same prong-1 determination. The AAO explicitly declined to address the Petitioner's newly submitted prong 2 arguments/evidence because prong 1 remained dispositive, reiterating that resubmission or elaboration of previously considered evidence (teaching, committee membership, grant funding, research proposals, media interview) does not meet the 'new facts' standard for a motion to reopen.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles