NIW Bearings
dismissedJUL262022_01B52032022-07-26 · combined · 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 Petitioner, a finance manager, sought an EB-2 national interest waiver, but the national importance of her proposed endeavor as a finance manager was never established.

Field: finance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we reaffirmed our determination on appeal that the Petitioner had not established the national importance of her proposed endeavor
she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    Resubmitting previously provided evidence or reasserting previously stated facts do not meet the requirements of a motion to reopen.
    AAO decision text

Where this case turned

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

This decision is a combined motion to reopen and reconsider following a prior appellate dismissal on prong 1 national importance; the AAO incorporates its prior decision by reference and finds no new facts or legal errors, so it does not substantively re-analyze the Dhanasar prongs beyond reaffirming the earlier prong 1 finding.

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
  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles