NIW Bearings
dismissedJUL032024_01B52032024-07-03 · combined · Nebraska 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 endeavor; it is a procedural ruling on a fourth combined motion following prior dismissals of the NIW appeal.

Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director had already found the Petitioner qualified as a member of the professions holding an advanced degree; this was not disputed on this motion.

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner reiterates her claim that she has established that she is eligible for a national interest waiver, claims that have already been considered
    AAO decision text

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Notable

This decision is purely procedural: it is the AAO's dismissal of a fourth combined motion to reopen/reconsider, finding no new facts and no assertion of legal or factual error in the prior decision. No substantive prong analysis occurs; the AAO expressly declines to re-adjudicate the underlying NIW eligibility, citing Matter of O-S-G- for the principle that a motion to reconsider cannot merely rehash prior arguments.

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)
  • Matter of O-S-G-

Cases in adjacent profiles