dismissedAPR112024_02B52032024-04-11 · 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, a finance manager, sought a national interest waiver to work in finance in the United States, asserting her work would benefit the national interest.

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

How the evidence was treated

motion resubmission · discounted
“the Petitioner's combined motions reiterated legal arguments and cited to documentary evidence that we had previously reviewed and addressed in our prior decisions.”
AAO decision text
other · discounted
“The Petitioner does not explain how this evidence demonstrates newly discovered facts or a change in circumstances.”
AAO decision text

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Notable

This is the fifth combined motion to reopen and reconsider following an initial denial, one appeal dismissal, and four prior motion dismissals. The AAO noted in a footnote that the Petitioner's submitted tax return listed her occupation as 'product builder' and her Schedule C business as 'caregiver,' while the pay stubs listed no job title, casting doubt on the relevance of the new evidence to her stated finance endeavor. The merits of the NIW prongs were not re-analyzed; the decision turned entirely on procedural motion standards.

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)(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)

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