NIW Bearings
dismissedNOV062024_04B52032024-11-06 · 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 record does not describe the specific nature of the Petitioner's proposed endeavor beyond identifying him as a consultant; prior decisions found insufficient evidence of its national importance, including lack of projected economic impact or job creation.

Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we determined that the Petitioner did not articulate how we erred in finding that the record did not demonstrate the national importance of the proposed endeavor
we pointed to the lack of sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to the Petitioner's specific proposed endeavor

AAO decision text

How the evidence was treated

  • 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
    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
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 fourth AAO-level decision on a single petition (denial, appeal, two prior motions, now this third motion), with the AAO noting the Petitioner's confused and inaccurate procedural history recitation and questioning whether he understood the record; the AAO treated the current filing's request as seeking readjudication rather than presenting new facts or legal error, so it dismissed both the reopen and reconsider components without reaching prongs 2 or 3.

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
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles