NIW Bearings
dismissedNOV072023_02B52032023-11-07 · 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 decision does not substantively describe the Petitioner's proposed endeavor, as the AAO never reached the merits; the Petitioner is described only as an animal science specialist seeking an NIW.

Field: animal science · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the tracking label shows that the Petitioner incorrectly sent the brief and evidence to the filing location of Form I-290B
    AAO decision text

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Notable

This decision is purely procedural: the AAO had summarily dismissed the underlying appeal because the Petitioner failed to timely send his brief/evidence directly to the AAO (he mailed it to the Form I-290B filing address instead). On motion, the AAO never reached any NIW prong analysis, focusing solely on whether the motion to reopen/reconsider met regulatory requirements under 8 C.F.R. 103.5. Both the motion to reopen and motion to reconsider were dismissed for procedural deficiencies, not on the substantive merits of the national interest waiver.

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)

Cases in adjacent profiles