NIW Bearings
dismissedAPR162025_05B52032025-04-16 · 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 is described only as an entrepreneur in civil engineering; the decision provides no further detail on the specific proposed endeavor because it does not reach the merits.

Field: civil engineering · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not state any new facts or submit any additional evidence
    AAO decision text

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Notable

This is a purely procedural combined motion decision that does not reach the NIW merits/prongs at all. The AAO dismissed the motion to reopen because no new facts or evidence were submitted, and dismissed the motion to reconsider because the Petitioner failed to identify any incorrect application of law or policy, instead making only vague, unsubstantiated claims that the prior decision failed to address arguments or evidence.

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)(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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner filed combined motions without submitting new facts/evidence (failing reopen standard) and without identifying any specific incorrect application of law or policy (failing reconsideration standard).

Transferable lesson

A motion to reopen/reconsider must include new evidence or pinpoint specific legal/factual errors in the prior decision; generic dissatisfaction is insufficient.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles