NIW Bearings
dismissedJAN262024_02B52032024-01-26 · 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 detail the specific endeavor beyond referring generically to the Petitioner's 'proposed endeavor' as an entrepreneur; substantive endeavor details are not restated in this motion decision.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    it disputes the denial of the underlying petition and largely repeats prior arguments we have already considered in our previous decisions
    AAO decision text
  • recommendation letter · discounted
    the Petitioner does not claim any new facts and does not submit any new evidence
    AAO decision text

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Notable

This is a second combined motion to reopen/reconsider, dismissed entirely on procedural grounds (no new facts/evidence for reopening; no identified legal/policy error for reconsideration) without re-reaching the merits of the NIW prongs. The Petitioner's prior motion had raised a Fourth Amendment argument (that the AAO's dismissal violated the Fourth Amendment), which the AAO had previously rejected as an unsupported, generalized disagreement rather than a specific legal error.

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 O-S-G-

Cases in adjacent profiles