NIW Bearings
dismissedJAN312025_03B52032025-01-31 · motion_reopen · 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 proposed to establish a company providing IT consulting services to U.S. companies, including cybersecurity and IT management/governance consultancy.

Field: IT consulting / cybersecurity · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

this material does not establish that the Petitioner's initial endeavor is of national impo1tance but instead provides general information about the field in which he originally intended to work.

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    the scope of a motion is limited to "the prior decision" and "the latest decision in the proceeding."
    AAO decision text
  • other · discounted
    provides general information about the field in which he originally intended to work.
    AAO decision text

Where this case turned

  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

This is the fourth adverse decision on the same petition (appeal, motion to reconsider, combined motion to reopen/reconsider, and this motion to reopen). A prior combined motion introduced an alternate proposed endeavor, which the AAO treated as a material change to the petition and declined to consider under Matter of Izummi/Katigbak; the current motion's new evidence was rejected because it addressed the original endeavor's field generally rather than curing the material-change/national-importance defect identified in the AAO's most recent prior decision.

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. 103.2(b)(1)
  • 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 Izummi
  • Matter of Katigbak

Cases in adjacent profiles