NIW Bearings
dismissedNOV302021_02B52032021-11-30 · 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 initially proposed to work as a clinical research coordinator in mental health, then materially changed her proposed endeavor to working as a consultant, business coach, and AI entrepreneur advising companies, and later as a consultant psychologist.

Field: psychology / mental health · Read the decision (uscis.gov)

How the evidence was treated

  • other · discounted
    she did not consistently describe her proposed endeavor
    AAO decision text
  • motion resubmission · discounted
    it would serve no useful purpose for the Petitioner to provide new evidence to establish eligibility that is materially inconsistent
    AAO decision text

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Notable

The decision does not reach the Dhanasar prongs on the merits; instead it is dismissed at the threshold motion-to-reopen stage because the Petitioner materially changed her proposed endeavor across filing stages (clinical research coordinator -> consultant/business coach/AI entrepreneur -> consultant psychologist) without explanation, and her ineffective-assistance-of-counsel claim was rejected because she had signed and certified the inconsistent documents herself. The prior underlying appeal decision (TD# 10422400) apparently found no prong established due to endeavor inconsistency, but that reasoning is not detailed here beyond the endeavor_vague-type issue, so prongs are left unanalyzed in this motion decision.

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)(12)
  • 8 C.F.R. 103.5
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak

Cases in adjacent profiles