NIW Bearings
dismissedJAN162025_02B52032025-01-16 · 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 decision does not describe the underlying proposed endeavor; it addresses only the procedural sufficiency of a third combined motion to reopen and reconsider following prior dismissals of an EB-2/NIW petition.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the third combined motion repeats the Petitioner's request for a discretionary national interest waiver
    AAO decision text

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Notable

Purely procedural decision on a third combined motion to reopen/reconsider; AAO does not reach any NIW prong analysis because the Petitioner previously abandoned his EB-2 classification claim by not contesting the Director's denial on appeal, and repeatedly failed to present new facts or evidence, or identify legal/policy error, in successive motions. The decision is largely a recitation of the procedural history of two prior dismissed combined motions.

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)
  • Matter of Coelho
  • Matter of R-A-M-

Cases in adjacent profiles