NIW Bearings
dismissedMAY152025_05B52032025-05-15 · motion_reopen

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 proposed to provide IT governance and cybersecurity services in the United States, asserting national implications and positive economic effects.

Field: IT governance and cybersecurity · Read the decision (uscis.gov)

How the evidence was treated

  • other · discounted
    “he had not submitted any new facts related to establishing we erred in dismissing the prior motion due to material change”
    AAO decision text
  • motion resubmission · discounted
    “the Petitioner has submitted new documentation on instant motion but has not provided new facts”
    AAO decision text

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Notable

This decision does not reach the merits of the NIW prongs at all; it is a procedural dismissal of a motion to reopen for failure to present new facts, following multiple prior dismissals (appeal, motion to reconsider, combined motion, and a prior motion to reopen). The Petitioner submitted presidential executive orders on AI/blockchain policy and cybersecurity strategic plans, but the AAO found these did not constitute new facts bearing on its most recent decision.

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
  • Matter of Coelho

Cases in adjacent profiles