NIW Bearings
dismissedSEP152021_11B52032021-09-15 · combined · Nebraska 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 intended to continue working as a financial manager for a private security company, overseeing budgeting, audits, financial reporting, and helping the company reach profitability.

Field: financial management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and future clientele to impact the financial management field or U.S. economy more broadly at a level commensurate with national importance.”
“does not present a new fact that shows the proposed endeavor stands to sufficiently extend beyond her employer and future clientele.”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “does not present a new fact that shows the proposed endeavor stands to sufficiently extend beyond her employer and future clientele”
    AAO decision text
  • resume experience · discounted
    “they do not address how the proposed endeavor may be broad enough to rise to the level of having substantial positive economic effects”
    AAO decision text
  • motion resubmission · discounted
    “those documents do not present new facts on motion.”
    AAO decision text
  • recommendation letter · ignored

Where this case turned

  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

Petitioner argued USCIS should apply 'generosity of spirit' and COVID-19 humanitarian considerations; AAO rejected this as unsupported by any identified law or policy and noted COVID-19 postdated the 2018 filing date. AAO also distinguished Doissaint v. Mukasey as inapposite because the submitted letter was not newly discovered and did not address an abandoned issue.

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)(1)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • Matter of E-M-

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