NIW Bearings
dismissedMAY202025_03B52032025-05-20 · 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 training and development specialist, proposed a regional business endeavor providing training services directly benefiting individual clients.

Field: training and development · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner did not show that benefits to the regional economy resulting from his proposed endeavor would constitute substantial positive economic effects as contemplated in Matter ofDhanasar”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the business plan submitted is dated 2024 which is before our prior decision on the Petitioner's second combined motions to reopen and reconsider was issued”
    AAO decision text
  • motion resubmission · discounted
    “The Petitioner also submits copies of other evidence previously submitted and considered”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

This is the third combined motion to reopen and reconsider in this case; the AAO dismissed the motions procedurally for lack of new facts or evidence of legal error, without conducting a fresh substantive prong analysis, though it referenced its prior finding that regional economic benefits did not establish national importance under Dhanasar.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho

Cases in adjacent profiles