NIW Bearings
dismissedJAN102023_02B52032023-01-10 · 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, proposed a project entitled 'Creating a STEM Sanctuary Garden' aimed at advancing STEM education.

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

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner submits documentary evidence relating to events occurring after the initial filing of the petition
    AAO decision text
  • recommendation letter · discounted
    the Petitioner does not show how the evidence addresses or overcomes the prior decision
    AAO decision text
  • awards · ignored

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Notable

This decision is purely procedural, addressing a fourth combined motion to reopen and reconsider following three prior summary dismissals; the AAO never substantively reached the NIW prongs, instead finding the Petitioner failed to present new facts (evidence post-dated the filing) or identify legal/policy error in the prior motion dismissal.

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. 103.2(b)(1)
  • 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)

Cases in adjacent profiles