NIW Bearings
dismissedDEC202023_02B52032023-12-20 · 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 director of sports and education, sought to continue work in that field in the United States, though the decision does not elaborate on the specifics of the endeavor.

Field: sports and education administration · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner's evidence does not address all of the deficiencies outlined in the Acting Director's denial
    AAO decision text
  • other · discounted
    the Petitioner has neither claimed nor presented evidence that the evidence was properly submitted in accordance with the form instructions
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This decision is almost entirely procedural: the AAO had summarily dismissed the appeal for lack of a timely-filed brief/evidence, and here denies combined motions to reopen/reconsider because the Petitioner failed to show his additional evidence was properly submitted with the Form I-290B (he mailed it separately to the Chicago Lockbox rather than to the AAO). A footnote (n.3) notes that even considering the belatedly submitted evidence, it addressed only Dhanasar prong 2 and left the Director's findings on prongs 1 and 3 unrebutted, but this is offered as an alternative aside rather than a substantive AAO merits analysis, so the prongs are coded as not analyzed.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)

Cases in adjacent profiles