NIW Bearings
dismissedJAN242025_03B52032025-01-24 · 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 management consultant entrepreneur, sought EB-2 classification with a national interest waiver based on a proposed consulting endeavor.

Field: management consulting · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner did not provide new facts supported by evidence to reverse or assert any error
    AAO decision text

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Notable

This is the Petitioner's third combined motion to reopen/reconsider in the same case. The AAO dismissed it purely on procedural grounds: its review is limited to the immediately prior decision (dismissal of the second combined motion, itself dismissed as untimely), and the third motion improperly attempted to relitigate the original national-importance finding from the initial appeal rather than addressing the timeliness basis of the second motion's dismissal. No substantive prong analysis occurs in this decision; the underlying national-importance failure (prong 1) was decided in an earlier, non-provided 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)(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