NIW Bearings
dismissedMAY292025_01B52032025-05-29 · 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, a lawyer and entrepreneur, proposed to operate a small business/legal-entrepreneurial endeavor that he claimed would create 'financial bridges' and prompt broader economic development in the United States.

Field: law / small business entrepreneurship · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record 'still [did] not corroborate the claimed job and revenue projections for the proposed endeavor or otherwise establish the Petitioner's own proposed endeavor would have substantial positive economic effects'
the work extending beyond the Petitioner's company's individual clients to impact his field more broadly on a level commensurate with national importance

AAO decision text

How the evidence was treated

  • other · discounted
    do not reference the Petitioner's proposed endeavor, demonstrate its prospective impact and national importance
    AAO decision text
  • business plan · discounted
    did not corroborate the claimed job and revenue projections for the proposed endeavor
    AAO decision text
  • motion resubmission · discounted
    reargues facts and issues we have already considered in our previous decision
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
2,501coded 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 second combined motion to reopen/reconsider following a denial, dismissed appeal, and a prior dismissed combined motion. The AAO clarified that its prior prong-one analysis was not limited to geographic scope but also considered broader field-level impact and potential to employ U.S. workers, rejecting the Petitioner's characterization of that analysis as overly narrow.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles