NIW Bearings
dismissedFEB152023_01B52032023-02-15 · combined · Nebraska 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 finance manager, sought an EB-2 national interest waiver based on her professional work in finance; this procedural motion decision does not further describe the substance of her proposed endeavor.

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

How the evidence was treated

  • resume experience · discounted
    Eligibility must be established at the time of filing.
    AAO decision text
  • motion resubmission · discounted
    previously submitted evidence and arguments do not meet the motion requirements
    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 is a purely procedural third combined motion decision; the AAO does not revisit the merits of any Dhanasar prong. The Petitioner asked the AAO to overhaul the Dhanasar framework to favor 'corporate innovators' and raised due process and standard-of-proof arguments, all rejected as not cognizable on motion. Her renewed exceptional-ability claim was found moot since she had already been approved as an advanced-degree professional.

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. 103.2(b)(1)
  • 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)
  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles