NIW Bearings
dismissedOCT032024_01B52032024-10-03 · motion_reconsider · 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 operates his own company and sought an NIW based on claims that his business generates economic benefits, supported by a business plan, client letters, and financial records.

Field: unknown (petitioner operates a company; specific technical field not stated) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“We determined the Petitioner had not shown that his proposed endeavor offers "broader implications or potential prospective economic impact rising to the level of national importance."”
“the Petitioner has not demonstrated that his proposed endeavor offers broader implications in the field.”

AAO decision text

Prong 2 — well positionednot established

“Our decision, however, acknowledged his business plan and explained that operating a business was not sufficient to show a record of success or progress towards achieving the proposed endeavor that renders him well positioned.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “operating a business was not sufficient to show a record of success or progress towards achieving the proposed endeavor that renders him well positioned”
    AAO decision text
  • recommendation letter · discounted
    “he does not explain how our discussion of his evidence was erroneous”
    AAO decision text
  • contract revenue · discounted
  • motion resubmission · discounted
    “He repeats previous claims relating to his business plan, recommendation letters, personal statement, and expert opinion letters, but does not explain how our analysis of this documentation was in error.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

The Petitioner misconstrued Dhanasar's second prong as requiring only 'potential' rather than any assessment of record of success; the AAO clarified that record of success is only one of several relevant factors. The motion largely reasserted prior arguments without identifying a specific legal or factual error, consistent with the standard motion-to-reconsider boilerplate.

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)(i)
  • 8 C.F.R. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)

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