NIW Bearings
dismissedJUL102026_01B52032026-07-10 · combined

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 computer scientist, proposed an endeavor whose description he materially changed over the course of proceedings; the record did not adequately describe the specific endeavor or its broader implications.

Field: computer science · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

he had not adequately described the specific endeavor he proposes to undertake, and that the record did not show the proposed endeavor would have the type of broader implications contemplated by the first Dhanasar prong
USCIS discussed the Petitioner's material change to his proposed endeavor description, determining that the record did not establish the endeavor would have the type of broader implications indicative of national importance

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    he does not support his statement with documentary evidence
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

Third combined motion to reopen/reconsider after appeal and two prior combined motions all dismissed; AAO rejects petitioner's reliance on an unrelated BIA removal case (Matter of Perez Vargas), a non-precedent AAO remand decision, and a misreading of USCIS Policy Manual STEM guidance, clarifying that STEM field alone does not establish national importance without endeavor-specific broader implications.

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. 103.3
  • 8 C.F.R. 103.5
  • Matter of Coelho

What this case teaches

Analyst reading of the decision text.

Decisive factor

The third combined motion added a statement without documentary evidence (reopen) and misread Perez Vargas and Dhanasar's prong-2 language (reconsider); it showed no misapplied law, so both were dismissed.

Transferable lesson

A motion to reopen needs new documentary evidence, not just a statement; an inapposite precedent or prong-2 language shows no legal error, and STEM alone is not national importance.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles