NIW Bearings
dismissedJAN112024_02B52032024-01-11 · 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, an entrepreneur and automobile repair worker, sought EB-2 classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.

Field: automobile repair · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the mailing label shows that the Petitioner incorrectly mailed his appeal brief to the filing location of Form I-290B instead of sending it directly to our office
    AAO decision text

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Notable

Purely procedural decision on combined motion to reopen/reconsider following summary dismissal of the underlying appeal; the AAO never reaches the substantive NIW/exceptional-ability merits. The summary dismissal was upheld because the Petitioner mailed his appeal brief to the Form I-290B filing address rather than directly to the AAO, and the motion to reconsider was dismissed because the Petitioner's brief stated no reason for reconsideration despite indicating on the form that he sought one.

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)(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)

Cases in adjacent profiles