NIW Bearings
dismissedJUL312024_08B52032024-07-31 · motion_reconsider · 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 Petitioner, a dentist, proposed to launch a dental-related business/practice endeavor in the United States, initially planning to self-finance it before later submitting a letter of intent from a potential investor.

Field: dentistry · Read the decision (uscis.gov)

How the evidence was treated

  • business plan · discounted
    material changes may not be made to a petition that has already been filed
    AAO decision text
  • funding · discounted
    facts that come into being only subsequent to the filing of a petition cannot be considered
    AAO decision text
  • motion resubmission · discounted
    the Petitioner has not met the requirements of a motion to reconsider
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This decision is entirely procedural: it addresses a motion to reconsider a prior summary dismissal of an appeal, not the merits of the NIW prongs. The AAO found the Petitioner improperly sought reassessment of evidence before the Director rather than identifying a legal/factual error in its own prior appellate decision, so no prong analysis occurred.

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. 103.2(b)(1)
  • 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)
  • Matter of Coelho
  • Matter of Izummi

Cases in adjacent profiles