NIW Bearings
dismissedJAN212025_02B52032025-01-21 · 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 operate a trucking company in the United States, claiming it would help address the national truck driver shortage, bolster supply chain resilience, and benefit local communities.

Field: trucking / transportation industry · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the importance of these industries did not establish the national importance of his specific endeavor
the record does not provide sufficient support for his hiring projections, considering the claimed shortage of truck drivers in the United States

AAO decision text

How the evidence was treated

  • other · discounted
    this evidence did not establish the broader implications directly attributable to his endeavor
    AAO decision text
  • motion resubmission · discounted
    the Petitioner's contentions merely reargue facts and issues we considered in our prior decision
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

This is a second combined motion to reopen and reconsider following a prior appeal dismissal and a prior combined motion dismissal; the AAO emphasizes that its review on motion is limited to its most recent decision, not the original denial or appeal, and treats the Petitioner's continued reliance on industry-wide articles as impermissible reargument under Matter of O-S-G-.

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)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles