NIW Bearings
dismissedJUL152024_02B52032024-07-15 · combined · 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 accounting manager and tax specialist, proposed to establish her own financial consulting company headquartered in Massachusetts, intending to employ 20 workers within five years.

Field: tax/financial consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish how the proposed endeavor may have national importance, as contemplated by Matter of Dhanasar

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not submit a new fact supported by documentary evidence, as required by the regulation at 8 C.F.R. 103.5(a)(2)
    AAO decision text
  • business plan · discounted

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Petitioner argued a Fifth Amendment due process violation on motion to reconsider; AAO devoted substantial analysis to methodically rejecting each clause of the Fifth Amendment (grand jury, double jeopardy, self-incrimination, due process, takings) as inapplicable to an immigration benefit request.

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 Coelho

Cases in adjacent profiles