NIW Bearings
dismissedMAY012025_03B52032025-05-01 · 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 human resources director, proposed to operate an HR consulting or services business in the United States, asserting that her work would substantially benefit the U.S. economy, particularly small businesses.

Field: human resources / HR consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we determined the Petitioner did not establish the national importance of her proposed endeavor
we specifically explained why the Petitioner's business plan and expert opinion letter were insufficient to establish the national importance of her proposed endeavor

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner's business plan and expert opinion letter were insufficient to establish the national importance of her proposed endeavor
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's business plan and expert opinion letter were insufficient to establish the national importance of her proposed endeavor
    AAO decision text
  • other · discounted
    The Director considered all this evidence and acknowledged it in her decision denying the petition.
    AAO decision text
  • motion resubmission · discounted
    a motion to reconsider is not a process by which a party may submit, in essence, the same brief presented on appeal and seek reconsideration by generally alleging error
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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 the petitioner's third motion to reconsider following an initial denial, a dismissed appeal, and two prior dismissed motions to reconsider — an unusually protracted procedural history. The AAO declined to reach prongs 2 and 3, having found prong 1 (national importance) dispositive at the appeal stage. The motion was dismissed on procedural grounds as rearguing previously considered facts, citing Matter of O-S-G-.

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