NIW Bearings
dismissedMAR182024_06B52032024-03-18 · 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 Petitioner, a physical therapist, sought to provide physical therapy services in the United States that she characterized as promoting the national interest, without further specifics detailed in the decision.

Field: physical therapy · 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
  • certification membership · ignored
    The Petitioner does not explain the relevance of this evidence.
    AAO decision text

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Notable

This decision resolves a combined motion to reopen/reconsider following a prior AAO summary dismissal of the appeal; the AAO did not substantively re-analyze the Dhanasar prongs on the merits, instead finding the Petitioner failed to identify legal/factual errors or submit new facts, per the procedural motion standards. A footnote notes an unexplained factual inconsistency: the Petitioner submitted evidence of coursework completed in the Philippines despite USCIS records showing no travel outside the U.S. since her 2019 entry.

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

Cases in adjacent profiles