NIW Bearings
dismissedSEP042024_03B52032024-09-04 · 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, a dentist/dental surgeon, sought to work in the United States providing dental surgery services.

Field: dentistry · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record did not establish the broader implications of her work as a dental surgeon would extend beyond her future employer(s) or patients to impact the dental industry more broadly at a level commensurate with national importance
the Petitioner had not shown her endeavor had a significant potential to employ U.S. workers or otherwise result in substantial positive economic effects discussed in Dhanasar

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    a person cannot satisfy the requirements of a motion to reconsider by generally alleging error in the prior decision
    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
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Notable

This decision is a motion to reconsider following a prior AAO appellate dismissal; the AAO does not re-analyze the merits but finds the Petitioner failed to identify any legal or factual error in the prior decision, per the Matter of O-S-G- standard. Prong 1 findings summarized here are those from the underlying appellate decision being reconsidered.

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
  • Matter of L-A-C-
  • Matter of O-S-G-

Cases in adjacent profiles