NIW Bearings
dismissedJUL312024_07B52032024-07-31 · 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 to operate a business specializing in nationwide long-distance freight hauling and transportation services for various goods in Florida.

Field: long-distance freight hauling and transportation services · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner had not shown that the proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the United States
she has not, for example, shown that the area in which her company operates is economically depressed
the Petitioner had not shown how it would impact or benefit the transportation and logistics industry overall

AAO decision text

How the evidence was treated

  • business plan · discounted
    had not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance
    AAO decision text
  • recommendation letter · discounted
  • motion resubmission · discounted
    these arguments were fully addressed in our prior decision
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a motion to reconsider that dismisses the motion primarily on procedural grounds: the Petitioner resubmitted her prior appeal brief without identifying any specific legal or policy error in the AAO's earlier decision, which the AAO characterized as impermissible under Matter of O-S-G- (broadly disagreeing with conclusions rather than showing legal/policy error). The AAO incorporated its prior decision by reference rather than conducting fresh substantive analysis; prongs 2 and 3 remained unreached as in the original appeal.

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)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles