NIW Bearings
dismissedFEB182026_01B52032026-02-18 · motion_reconsider

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 tourism consultant and entrepreneur, sought an EB-2 national interest waiver to work in the United States in the field of tourism consulting and related entrepreneurial activities.

Field: tourism consulting and entrepreneurship · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    a motion to reconsider is not a process by which a party may submit, in essence, the same brief presented on appeal and seek reconsideration by generally alleging error
    AAO decision text

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Notable

This is the Petitioner's fourth motion (following three prior combined motions to reopen and reconsider, an appeal, and subsequent motions), all dismissed. The AAO dismissed on purely procedural grounds — the Petitioner repeatedly sought to reach back to SCOPS' original denial rather than addressing the most recent AAO decision (October 2025). The AAO invoked the public interest in finality and noted that serial motions thwart closure of immigration proceedings. No merits analysis of the NIW prongs or EB-2 threshold was conducted in this decision.

What this case teaches

Analyst reading of the decision text.

Decisive factor

This was the Petitioner's fourth motion; it rehashed arguments about earlier SCOPS/AAO decisions instead of showing the most recent October 2025 decision was legally or factually incorrect, so it failed the motion-to-reconsider standard under 8 C.F.R. § 103.5(a)(3).

Transferable lesson

A motion to reconsider must specifically identify legal or factual errors in the immediately preceding decision, not re-litigate earlier denials or repeat prior briefing.

Endeavor framing

vague

Evidence targeting

mixed

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