NIW Bearings
dismissedMAY142025_07B52032025-05-14 · combined

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 an engineering consulting services company focusing on electrical engineering, electronics, and production processes, which he argued would enhance the nation's energy systems and support environmental and economic goals.

Field: electrical engineering / engineering consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record did not demonstrate the prospective impact and national importance of the specific endeavor”
“He again submits industry articles that emphasize the importance of the electrical engineering field, rather than demonstrate the prospective impact of his specific proposed endeavor.”

AAO decision text

How the evidence was treated

  • media · discounted
    “articles emphasize the importance of the electrical engineering field, rather than demonstrate the prospective impact of his specific proposed endeavor”
    AAO decision text
  • motion resubmission · discounted
    “the Petitioner generally disagreed with our conclusions and reargued issues already considered in our previous decision”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

This is a second combined motion to reopen/reconsider following a prior AAO dismissal of both the appeal and a first combined motion; the AAO's review was expressly limited to whether the latest decision contained legal/factual errors, and it found the Petitioner merely reargued prior points without new evidence specific to his endeavor's impact.

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)
  • Matter of Coelho

Cases in adjacent profiles