NIW Bearings
dismissedJUN302022_01B52032022-06-30 · 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, an education specialist, initially proposed to focus on professionalizing teachers, but later described her endeavor as developing a character education and psychological support program for Asian Americans and recent Asian immigrants in the U.S.

Field: education (teacher professionalization / character education for Asian Americans) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Prior decision found she qualified as a member of the professions holding an advanced degree; not contested on motion.

Prong 1 — national importancenot established · dispositive

the Petitioner materially changed her proposed endeavor from professionalizing teachers to character education for Asian Americans
the Petitioner did not provide sufficient information and details to reflect a specific proposed endeavor as contemplated in Dhanasar
the relevant question is not the importance of the industry or profession in which the individual will work

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the documentation provided on motion concerning her professional experience and her proposed endeavor do not constitute new evidence
    AAO decision text
  • motion resubmission · discounted
    Any expansions or clarifications on her past experiences and her proposed endeavor involve documentation previously requested and are therefore not new
    AAO decision text
  • other · discounted
    we accord it little weight because it appears only after the Petitioner had opportunities to submit such evidence
    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 is a combined motion to reopen/reconsider following a prior appeal dismissal; the Petitioner also disputed a willful-misrepresentation finding tied to mistranslated career documents and a disputed ETA signature, which the AAO separately upheld as an independent, non-dispositive basis for denial. The AAO declined to reach prongs 2 and 3 given prong 1's dispositive failure.

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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(3)
  • 8 C.F.R. 103.5(a)(1)(i)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • INA 291
  • Matter of Bardouille
  • Matter of Coelho
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles