NIW Bearings
dismissedDEC142023_02B52032023-12-14 · motion_reopen · 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 accountant, sought a national interest waiver of the job offer requirement for EB-2 classification; the underlying merits of her proposed endeavor were not reached.

Field: accounting · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner has neither claimed nor presented evidence that the brief was properly submitted in accordance with the form instructions
    AAO decision text

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Notable

This decision is procedural, not a merits decision on the NIW petition. The AAO previously summarily dismissed the appeal for failure to timely submit a brief to the correct address (AAO instead of Texas Service Center), and on motion to reopen found the Petitioner still failed to show the brief was properly submitted, so it never reached the underlying national interest waiver claims.

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
  • 8 C.F.R. 103.5(a)(1)(i)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(4)

Cases in adjacent profiles