NIW Bearings
dismissedDEC192024_05B52032024-12-19 · 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 substance of the proposed endeavor, as it addresses only procedural motion requirements rather than the merits of the underlying NIW petition.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner has not provided new facts to establish that we erred in dismissing the latest prior combined motion
    AAO decision text

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Notable

This is a third combined motion to reopen/reconsider following a summary dismissal of the original appeal and two prior combined motion dismissals. The AAO does not reach the merits of the NIW petition at all; it dismisses the motion purely on procedural grounds because the Petitioner re-argued the Director's original denial rather than addressing errors in AAO's latest prior decision, as required under the scope-of-motion regulations.

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)
  • Matter of Coelho

Cases in adjacent profiles