NIW Bearings
dismissedJUL302024_14B52032024-07-30 · 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 restaurant manager and entrepreneur, proposed to operate a restaurant business in the United States, claiming it would have positive economic impact.

Field: restaurant management / food service business · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."
    AAO decision text

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Notable

This is a purely procedural motion decision (second combined motion to reopen/reconsider following a prior summary dismissal and a prior motion dismissal); the AAO does not substantively re-engage with the NIW prongs or threshold EB-2 eligibility, finding only that the Petitioner reiterated prior claims about his profession, qualifications, and business's economic impact without new facts or a showing of 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)(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