NIW Bearings
dismissedFEB202025_03B52032025-02-20 · 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 proposed to provide innovative soccer training methodologies in the United States, claiming the endeavor would yield economic and public health benefits.

Field: soccer training/coaching · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."
    AAO decision text
  • other · discounted
    he essentially restates assertions in his petition and the subsequent appeal and motions, relying on evidence in the record
    AAO decision text

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Notable

This is a third combined motion to reopen/reconsider following a prior appeal dismissal and two prior motion denials; the AAO's analysis centers almost entirely on the Petitioner's claim of ineffective assistance of counsel under Matter of Lozada, finding he failed to meet the Lozada threshold requirements (affidavit, notice to counsel, bar complaint or explanation) and failed to show prejudice. The AAO does not substantively re-analyze the NIW prongs, merely noting that national importance had 'been analyzed in our prior decisions' and found insufficient, and that the Petitioner 'relies on evidence in the record, which has been considered and found to be insufficient.'

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

Cases in adjacent profiles