NIW Bearings
dismissedSEP262024_04B52032024-09-26 · 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.

The petitioner, a computer engineer and IT consultant, proposed to provide cybersecurity services to financial companies, including protocols aimed at reducing data breaches.

Field: cybersecurity / IT consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the endeavor is not nationally important as contemplated in Dhanasar”
“the articles and reports do not discuss the Petitioner's specific endeavor, but rather show the importance of her field and occupation”
“the Petitioner has not demonstrated how the economic activity directly resulting from her proposed endeavor would rise to a level commensurate with national importance”
“the record did not establish the Petitioner's endeavor would result in substantial positive economic effects or otherwise result in broader implications to the field”

AAO decision text

How the evidence was treated

  • media · discounted
    “the articles and reports do not discuss the Petitioner's specific endeavor, but rather show the importance of her field and occupation”
    AAO decision text
  • motion resubmission · discounted
    “the Petitioner has not established new facts relevant to our appellate decision that would warrant reopening of the proceedings”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

This is a combined motion to reopen/reconsider reviewing a prior appellate dismissal that itself turned solely on Dhanasar prong 1 (national importance); the AAO reiterates that broad disagreement with its prior reasoning does not satisfy motion standards, citing Matter of O-S-G-.

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
  • Matter of O-S-G-

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