NIW Bearings
dismissedJUN262024_01B52032024-06-26 · 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, a software developer, proposed an endeavor he characterized as innovative and relevant to global issues, with claimed potential to stimulate the software industry and the broader economy.

Field: information technology / software development · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not establish the national importance of his proposed endeavor.
he did not demonstrate his proposed endeavor would have economic effects on a level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    We reviewed the opinion letters ... but concluded he did not demonstrate his proposed endeavor would have economic effects.
    AAO decision text
  • resume experience · discounted
    evidence of the Petitioner's extensive work experience and education ... did not demonstrate his proposed endeavor would have economic effects.
    AAO decision text
  • degree · discounted
    evidence of the Petitioner's extensive work experience and education ... did not demonstrate his proposed endeavor would have economic effects.
    AAO decision text
  • other · discounted
    they did not address his specific proposed endeavor.
    AAO decision text
  • motion resubmission · ignored
    does not assert any new facts and does not submit any evidence.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

Petitioner's motion to reopen submitted no new evidence and the motion to reconsider failed to identify any specific legal or factual error in the prior decision, resulting in dismissal without reaching the exceptional-ability threshold issue, which AAO expressly reserved.

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)(3)
  • 8 C.F.R. 103.5(a)(4)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of Coelho
  • Matter of L-A-C-

Cases in adjacent profiles