NIW Bearings
dismissedNOV172023_05B52032023-11-17 · motion_reopen · 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 originally proposed to establish a commercial and residential cleaning service business, and later, on motion, attempted to substitute a new business plan for a different business-consulting entity.

Field: commercial/residential cleaning services (originally); business consulting (new entity on motion) · Read the decision (uscis.gov)

How the evidence was treated

  • business plan · discounted
    The Dhanasar framework cannot be applied to two dueling proposed endeavors.
    AAO decision text
  • resume experience · ignored
  • motion resubmission · discounted
    USCIS cannot "consider facts that come into being only subsequent to the filing of a petition."
    AAO decision text

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Notable

The motion did not reach prong analysis at all; it was resolved entirely on the procedural ground that new evidence introduced a materially different endeavor (business consulting via a new entity) that did not exist at filing, substituting for the originally proposed cleaning service endeavor. AAO held Dhanasar's framework cannot accommodate 'two dueling proposed endeavors' and there is no provision for substitution of a proposed endeavor.

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
  • INA 203(b)(2)
  • Matter of Coelho
  • Matter of Izummi
  • Matter of Katigbak

Cases in adjacent profiles