NIW Bearings
dismissedFEB202025_04B52032025-02-20 · 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 operated one or more companies and submitted a business plan, though the specific nature of the proposed endeavor is not described in this procedural motion decision.

Read the decision (uscis.gov)

How the evidence was treated

  • business plan · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute the submission of "new facts."
    AAO decision text
  • motion resubmission · discounted
    the Petitioner has not presented new facts establishing that we erred in dismissing his prior motion.
    AAO decision text
  • other · ignored
    we will only consider new evidence to the extent that it pertains to our latest decision
    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 purely procedural, addressing only whether a combined motion to reopen and reconsider met regulatory requirements; it does not reach any substantive NIW prong analysis. It follows a lengthy procedural history including a summarily dismissed appeal, a second appeal decided on the merits, and two prior motions to reconsider that were also summarily dismissed.

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)
  • Matter of O-S-G-

Cases in adjacent profiles