NIW Bearings
dismissedJUL202023_01B52032023-07-20 · motion_reopen · Nebraska 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 decision does not describe the specifics of the Petitioner's proposed endeavor; it only references a prior finding that the endeavor's national importance was not established.

Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner had not sufficiently established the national importance of their endeavor under the first prong of the analytical framework”
“is not documentary evidence of a new fact corresponding to the potential prospective impact of the Petitioner's endeavor such as broader implications of national importance or substantial positive economic effects that would have the potential to change the outcome of this matter”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “The letter the Petitioner submits is not a new fact warranting reopening proceedings here.”
    AAO decision text
  • motion resubmission · discounted
    “Reasserting previously stated facts or resubmitting previously provided evidence does not constitute submission of "new facts."”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable

This is a motion to reopen following a prior AAO appeal dismissal; the AAO's analysis focuses entirely on whether a newly submitted reference letter constitutes a 'new fact' under 8 C.F.R. 103.5(a)(2), rather than re-analyzing the Dhanasar prongs substantively. The Petitioner cited unpublished non-precedent decisions to argue for a more permissive 'new evidence' standard, which the AAO implicitly rejected by applying the strict 'new facts' requirement.

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)(4)
  • Matter of Coelho

Cases in adjacent profiles