NIW Bearings
dismissedFEB232024_01B52032024-02-23 · 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 mathematics teacher, sought EB-2 classification with a national interest waiver, though the specific proposed endeavor is not detailed in this procedural decision.

Field: mathematics education · Read the decision (uscis.gov)

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Notable

This is a purely procedural decision on a fifth combined motion to reopen/reconsider, following a prior AAO dismissal of the appeal and four prior combined motions. The AAO found the motion did not even address the sole issue properly before it (whether AAO correctly rejected an appeal of its own decision for lack of jurisdiction), and dismissed on that procedural ground without reaching any NIW merits. No prong analysis occurs in this decision.

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