NIW Bearings
dismissedMAY192026_03B52032026-05-19 · motion_reconsider

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 tourism consultant and entrepreneur, sought EB-2 classification as an individual of exceptional ability with a national interest waiver; the specific endeavor is not described in this procedural decision.

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

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner again seeks to reach back to earlier stages of the proceeding that are outside the scope of a motion
    AAO decision text
  • other · discounted
    neither the previous motion or the instant motion provides medical documentation or information on a "health crisis."
    AAO decision text

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Notable

This decision is purely procedural: the AAO does not reach or re-analyze any Dhanasar prong or the exceptional-ability threshold, finding instead that the motion to reconsider improperly attempts to relitigate issues beyond the scope of the immediately prior (February 2026) decision. The Petitioner raised a novel claim that a 2024 'health crisis' impaired her cognitive ability to meet regulatory deadlines, which the AAO rejected as unsupported by any medical documentation and outside the case's prior issues. The AAO notes this is one of several motions and appeals it has already dismissed, invoking the public interest in finality (citing INS v. Doherty, INS v. Abudu, and Hernandez-Ortiz v. Garland) to criticize repetitive motion practice.

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)(1)(ii)
  • 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