NIW Bearings
dismissedNOV182024_04B52032024-11-18 · 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 Petitioner proposed an endeavor aimed at contributing to the social, physical, and mental well-being of youth, which he claimed would create direct and indirect job opportunities.

Field: youth social/physical/mental well-being services · Read the decision (uscis.gov)

Prong 1 — national importancenot established

We previously addressed this assertion, reviewed the record, and detennined the Petitioner's proposed endeavor did not rise to the level of national importance.

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner's contentions in the current motion to reconsider merely reargue facts and issues we have already considered
    AAO decision text
  • other · discounted
    he has not complied with the requirements described in Matter of Lozada
    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
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Notable

This decision resolves combined motions to reopen and reconsider rather than re-adjudicating the merits; the Petitioner's ineffective-assistance-of-counsel claim (against a non-attorney immigration consultant) was rejected for failing to satisfy the Lozada requirements, and the motion to reconsider was dismissed as mere reargument under Matter of O-S-G-. The prior finding that the endeavor lacked national importance was referenced but not independently re-analyzed.

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 O-S-G-

Cases in adjacent profiles