NIW Bearings
dismissedJAN262023_03B52032023-01-26 · motion_reconsider · 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 assistant professor, proposed to continue teaching and conducting international relations research in the United States.

Field: international relations research · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record did not provide sufficient detail, corroborated by objective evidence, to establish how the proposed research endeavor would have "national or even global implications within a particular field
we did not agree with her stance that the specific details of her employment are irrelevant to our analysis of eligibility under Dhanasar 's first prong
the Petitioner did not sufficiently establish the significance of the teaching activities and prospective research projects she intends to undertake

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    she does not identify or discuss the specific documentation that she believes we overlooked or misconstrued
    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
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Notable

This is the third adjudication in the same case (denial, appeal dismissal, first motion to reconsider dismissal, and now second motion to reconsider dismissal). The AAO notes the Petitioner did not file a motion to reopen alongside her prior motion to reconsider, which limited her ability to submit new evidence. The decision largely incorporates prior analysis by reference rather than conducting fresh substantive review.

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 L-A-C-

Cases in adjacent profiles