NIW Bearings
dismissedDEC082021_01B52032021-12-08 · 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, a social work coordinator, sought an EB-2 classification with a national interest waiver, though the underlying endeavor is not described in this motion decision.

Field: social work · Read the decision (uscis.gov)

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Notable

This decision does not reach the merits of the NIW petition at all; it dismisses a combined motion to reopen and reconsider as untimely filed, since the motions were filed more than 90 days after the prior AAO appellate decision and no reasonable excuse for the delay was provided.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Motions to reopen and reconsider were filed more than 90 days after the prior AAO decision, exceeding even the extended COVID deadline, with no evidence the delay was reasonable or beyond petitioner's control.

Transferable lesson

Strictly observe motion filing deadlines (including any COVID extensions) and document any delay as reasonable/beyond control, or the merits will never be reached.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles