NIW Bearings
dismissedNOV222024_08B52032024-11-22 · 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.

A registered nurse sought to establish and operate a home health care business in the United States serving patients and clients.

Field: nursing / home health care · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

stands to sufficiently extend beyond her potential patients or clients, to impact the field or any other industries or the U.S. economy more broadly
the Petitioner has not provided corroborating evidence to support these claims of her business' substantial economic benefits to the United States

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not show that her proposed endeavor...stands to sufficiently extend beyond her potential patients or clients
    AAO decision text
  • recommendation letter · discounted
    This letter does not establish the national importance of the proposed endeavor.
    AAO decision text
  • motion resubmission · discounted
    Although the Petitioner has submitted additional evidence in support of the motion to reopen, the Petitioner has not established eligibility.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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

The Petitioner cited 'Matter of Poursina, 25 I&N Dec. 867 (BIA 2012)' in support, but the AAO noted it could not locate that decision and that the citation actually corresponds to Matter of Valenzuela, involving K-4 nonimmigrant status; the AAO declined to address the miscited authority further. The Petitioner also improperly relied on the vacated NYSDOT framework instead of Dhanasar.

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)(1)(ii)
  • 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

Cases in adjacent profiles