NIW Bearings
dismissedJUN162025_01B52032025-06-16 · appeal

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 sales division manager and technical advisor, sought an EB-2 classification with a national interest waiver, though the specific endeavor was not detailed as the decision turned on procedural abandonment.

Field: sales / technical advisory · Read the decision (uscis.gov)

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Notable

The appeal was dismissed as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss (NOID) within the allotted 33-day period; no substantive prong analysis was undertaken. The case also has an unusual procedural history: AAO initially dismissed the appeal, then reopened it on its own motion, before ultimately dismissing again for abandonment.

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. 103.3
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to respond to AAO's Notice of Intent to Dismiss within the 33-day deadline, resulting in dismissal of the appeal as abandoned under 8 C.F.R. 103.2(b)(13)(i).

Transferable lesson

Always respond to a NOID within the deadline; failure to respond results in automatic dismissal regardless of the underlying merits of the NIW case.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles