NIW Bearings
dismissedJAN292026_04B52032026-01-29 · motion_reconsider

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 proposed an endeavor described as being of national importance, though the specific field or activity is not identified in this motion decision.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner's contentions in the current motion merely reargue facts and issues we have already considered in our previous decisions.
    AAO decision text

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Notable

This is the Petitioner's third motion to reconsider following a service center denial, an appeal dismissal, and two prior motion dismissals. The AAO declined to re-adjudicate the merits of any Dhanasar prong, treating the motion as procedurally deficient for merely rearguing previously considered claims. No substantive prong analysis was conducted in this decision. The AAO also noted the Petitioner had not cited any precedent decisions in her first motion, contrary to her claims.

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)(3)
  • 8 C.F.R. 103.5(a)(4)

What this case teaches

Analyst reading of the decision text.

Decisive factor

This is a third motion to reconsider that merely repeated prior appeal arguments without identifying any incorrect application of law or policy, so AAO declined to re-adjudicate the merits.

Transferable lesson

A motion to reconsider must cite specific legal/factual errors with precedent, not simply restate the original appeal brief or disagree with the outcome.

Endeavor framing

vague

Evidence targeting

mixed

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