NIW Bearings
dismissedJUL122024_03B52032024-07-12 · 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 proposed a venture involving outsourcing services, claiming it would create indirect economic benefits through employees becoming job "multipliers."

Read the decision (uscis.gov)

EB-2 threshold — not met

Foreign bachelor's degree transcript lacked certified English translation and was accorded no weight; even if degree were equivalent, Petitioner could not show five years of progressive experience after graduation prior to filing.

Prong 1 — national importancenot established

The Petitioner further asserts that his proposed endeavor would have substantial economic impact as it will outsource services and its employee will become "multipliers."
He also cites to one of his recommendation letters in the record and avers that it demonstrates his venture is of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Disagreeing with our conclusions without showing that we erred as a matter of law is not a ground to reconsider our decision.
    AAO decision text
  • degree · discounted
    Because the record lacks a certified English language translation of the transcript from the _____ we accord it no weight
    AAO decision text
  • motion resubmission · discounted
    The motion begins by restating evidence regarding the Petitioner's work history and education to generally assert his eligibility.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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Notable

This is a motion to reconsider following a prior AAO appeal dismissal; the AAO focused primarily on procedural insufficiency of the motion (failure to identify legal error) rather than fresh substantive NIW analysis, and separately addressed a threshold degree-equivalency/translation issue that would independently defeat eligibility.

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)(3)
  • 8 C.F.R. 103.5
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles