NIW Bearings
dismissedNOV072022_01B52032022-11-07 · appeal · Nebraska 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 political scientist and former diplomat, proposed to work with U.S. NGOs, think tanks, academic centers, and government agencies as a policy analyst/researcher on Central Asian affairs, later also claiming he would operate a translation and immigration consulting business.

Field: political science / Central Asian affairs policy analysis · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not explain what type of research, reports, or articles that he intended to pursue
the relevant question is not the importance of the industry or profession in which the individual will work
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work
we will not consider the Petitioner's materially changed proposed endeavor of operating a translation and immigration consulting business

AAO decision text

How the evidence was treated

  • business plan · discounted
    Eligibility must be established at the time of filing.
    AAO decision text
  • other · discounted
    we will not consider evidence submitted on appeal for any purpose
    AAO decision text

Where this case turned

  • NEW post filing evidence disregarded · p1
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
1coded 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

AAO refused to consider a materially changed endeavor (a translation/immigration consulting business) first raised in the RFE response because supporting evidence post-dated filing, and separately refused to consider new evidence submitted for the first time on appeal, citing Katigbak, Izummi, Bardouille, Soriano, and Obaigbena. The decision was dismissed on prong 1 alone, with the AAO expressly declining to reach prongs 2 and 3 as alternate/independent bases.

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)(12)
  • Matter of Bardouille
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles