NIW Bearings
dismissedJAN062025_05B52032025-01-06 · 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 sought to work as a general and operations manager, apparently in the restaurant/hospitality industry, seeking EB-2 classification with a national interest waiver.

Field: restaurant management / hospitality operations · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner has not provided new facts to establish that we erred in dismissing the prior motion
    AAO decision text

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Notable

This decision is purely procedural: it addresses a combined motion to reopen/reconsider filed after the AAO had already summarily dismissed the underlying appeal (for failure to identify errors or file a brief) and dismissed two prior combined motions. The AAO does not substantively analyze the threshold EB-2 classification or any NIW prong; it merely finds the Petitioner failed to present new facts or identify legal/policy error under 8 C.F.R. 103.5.

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)(1)(ii)
  • 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