NIW Bearings
dismissedJUN142023_01B52032023-06-14 · 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, a researcher of international relations, proposed to combine teaching and research activities in the United States.

Field: international relations · Read the decision (uscis.gov)

Prong 1 — national importancenot established

does not provide sufficient details, corroborated by objective evidence, to establish how the proposed research endeavor would have 'national or even global implications within a particular field.'
We also concluded that the Petitioner had not provided enough details about the nature of her intended employment, which would affect its national importance.

AAO decision text

Prong 2 — well positionednot established

We agreed with the Director's conclusion that the Petitioner had not satisfied the second Dhanasar prong with sufficient evidence to show that she is well positioned to advance the proposed endeavor.

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    A motion to reconsider is not a process by which a party may submit, in essence, the same brief previously presented and seek reconsideration by generally alleging error in the prior decision.
    AAO decision text
  • other · discounted
    does not provide sufficient details, corroborated by objective evidence, to establish how the proposed research endeavor would have 'national or even global implications within a particular field.'
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Record of success insufficient · p2a claimed track record the documents do not establish
1,581coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

This is the Petitioner's third successive motion to reconsider in the same proceeding; the AAO's analysis focuses almost entirely on motion-practice standards (repetition of prior briefs, failure to identify specific record error) rather than re-litigating the Dhanasar prongs, which are only recapped from earlier decisions. The third Dhanasar prong was never reached in any prior decision.

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)(i)
  • 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 O-S-G-

Cases in adjacent profiles