NIW Bearings
dismissedJAN222025_03B52032025-01-22 · 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 provide life sciences education, e-learning, and skill development/workforce training, claiming it would improve U.S. health, innovation, and economic security.

Field: life sciences education / healthcare · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record lacked sufficient detail and evidence to demonstrate the services offered by the proposed endeavor rose to the level of national importance”
“or that the endeavor has significant potential to employ U.S. workers or provide other substantial positive economic effects”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “he did not specify how we erred in applying the framework set forth in Matter of Dhanasar or submit sufficient evidence”
    AAO decision text
  • citations publications · discounted
    “has not presented new facts supported by documentary evidence with the instant motion”
    AAO decision text
  • recommendation letter · discounted
    “the record lacked sufficient detail and evidence to demonstrate the services offered by the proposed endeavor rose to the level of national importance”
    AAO decision text
  • motion resubmission · discounted
    “has not presented new facts supported by documentary evidence with the instant motion and has not demonstrated eligibility”
    AAO decision text

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 the Petitioner's second combined motion to reopen/reconsider after an earlier motion was already dismissed; AAO explicitly limited its review to the latest decision only, per 8 C.F.R. 103.5(a)(1)(ii), and found the Petitioner failed to identify any legal error or submit new evidence beyond reasserting prior arguments about scalability and economic impact.

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

Cases in adjacent profiles