NIW Bearings
dismissedDEC102024_05B52032024-12-10 · appeal · 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, an architect and interior designer, sought to work in the United States in her profession, though the specific proposed endeavor was not discussed in this decision.

Field: architecture and interior design · Read the decision (uscis.gov)

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Notable

The AAO did not reach the merits of the NIW eligibility at all. The appeal was dismissed as moot because the Petitioner, who was also the beneficiary of an approved I-130 petition, had already been granted permanent residence via a Form I-485 filed on a different basis, subsequent to filing this appeal. The Director's underlying denial concerned failure to establish NIW eligibility (having conceded advanced-degree EB-2 qualification), and a subsequent combined motion to reopen/reconsider was rejected purely on procedural grounds (missing judicial-proceedings statement under 8 C.F.R. 103.5(a)(1)(iii)(C)) rather than on the merits.

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. 103.3
  • 8 C.F.R. 103.5
  • INA 203(b)(2)

Cases in adjacent profiles