NIW Bearings
dismissedAUG272024_10B52032024-08-27 · 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 motion standards following a prior appeal dismissal on Dhanasar prong 1 grounds.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    he does not introduce any new evidence, or a new fact supported by documentary evidence to establish proper cause to reopen our appeal decision
    AAO decision text

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Notable

This is a purely procedural combined motion decision: the AAO does not substantively re-analyze the Dhanasar prongs or underlying EB-2 eligibility, instead affirming its prior appeal decision (which found prong 1 not met) because the Petitioner raised only general, unsupported assertions of error and introduced no new facts or evidence. Prongs 2, 3, and threshold EB-2 eligibility remain expressly reserved, as in the prior decision.

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

Cases in adjacent profiles