NIW Bearings
summary_dismissalMAY062024_04B52032024-05-06 · appeal · 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, an entrepreneurial business management consultant, sought to work in the United States providing consulting services in that capacity.

Field: business management consulting · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    he provides much of the same arguments regarding the merits of his NIW eligibility that he offered throughout these proceedings
    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 an appeal of a dismissal of a combined motion to reopen/reconsider, not a direct appeal of the NIW denial; the AAO summarily dismissed for failure to identify specific legal or factual error in the motion decision, and only in dicta noted it would affirm the denial on the merits. The AAO also flagged that the Petitioner filed a subsequent, similarly-supported NIW petition and questioned whether that approval was warranted or whether revocation-on-notice might be appropriate.

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)
  • Matter of O-S-G-

Cases in adjacent profiles