NIW Bearings
dismissedAPR042024_03B52032024-04-04 · 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 decision does not describe the underlying proposed endeavor; it addresses only procedural motions following a prior appeal dismissal on an NIW petition.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    he doesn't offer new facts that are supported by documentary evidence
    AAO decision text

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Notable

This is a purely procedural motion decision: the AAO dismissed both the motion to reopen and motion to reconsider for failing basic regulatory requirements (no new facts, no argument of legal/policy error), without reaching or reanalyzing the substantive NIW prongs from the prior appeal decision. The AAO also emphasized that a petitioner must specifically identify supporting evidence and cannot rely on the reviewing body to search voluminous records, citing multiple circuit and BIA cases on this point.

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

Cases in adjacent profiles