NIW Bearings
dismissedMAR132023_03B52032023-03-13 · 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 sales director, sought classification as an individual of exceptional ability with a national interest waiver, though the specific proposed endeavor is not detailed in this motion decision.

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

How the evidence was treated

  • motion resubmission · ignored
    The Petitioner submits no additional or new evidence on motion.
    AAO decision text

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Notable

Petitioner argued that failure to properly consider evidence violated the Fourth Amendment of the U.S. Constitution; AAO rejected this as a generalized allegation of error lacking the specificity required for a motion to reconsider, and noted no new evidence was submitted to support reopening. The decision itself does not substantively engage with the Dhanasar prongs, instead focusing entirely on the procedural adequacy of the motion.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of O-S-G-

Cases in adjacent profiles