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, a political scientist, proposed to offer consulting services as a policy analyst and researcher, and later sought to form a company providing translation and immigration/citizenship consultancy services related to Central Asia.
Field: political science / policy analysis · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we explained why we will not consider the Petitioner' s materially changed proposed endeavor of operating a translation and immigration consulting business”
“We further noted why the Petitioner failed to demonstrate his initial proposed endeavor's national importance.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“The Petitioner rather reiterates his previous submissions, adds details about his proposed endeavor”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
Notable
This is a combined motion to reopen/reconsider following a prior AAO dismissal of the appeal. The AAO focuses primarily on procedural deficiencies (no new facts, no showing of legal error) rather than re-analyzing the NIW prongs on the merits; it references its earlier finding that the Petitioner's initial endeavor lacked national importance and that a materially changed endeavor (a new consulting business) could not be considered.
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
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- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution