NIW Bearings
dismissedAPR012024_01B52032024-04-01 · 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 personal financial advisor, sought to continue working in that field in the United States under an EB-2 national interest waiver.

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

How the evidence was treated

  • motion resubmission · discounted
    repetition of the same arguments does not show proper cause for reconsideration
    AAO decision text

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Notable

This is a second motion to reconsider following a prior dismissed appeal and a prior dismissed motion to reconsider; the AAO does not re-reach the Dhanasar prongs on the merits but instead dismisses solely because the Petitioner submitted a brief largely identical to earlier filings and failed to identify any specific legal or factual error in the AAO's prior decision, consistent with the procedural limits of a motion to reconsider under 8 C.F.R. 103.5(a)(3).

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 O-S-G-
  • Section 291 of the Act

What this case teaches

Analyst reading of the decision text.

Decisive factor

This second motion to reconsider merely repeated prior arguments without identifying any specific legal or factual error in AAO's prior decision, so it failed the motion-to-reconsider standard, not the NIW merits.

Transferable lesson

A motion to reconsider must pinpoint a specific legal/policy error in the prior decision; resubmitting the same brief without new argument will be summarily dismissed.

Endeavor framing

vague

Evidence targeting

person_focused

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