NIW Bearings
dismissedNOV082023_01B52032023-11-08 · motion_reconsider · 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 petitioner, a sales director, sought an EB-2 national interest waiver, though the specific proposed endeavor is not described in this motion decision.

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

How the evidence was treated

  • recommendation letter · ignored
    not identify any specific error of law or fact in our prior decision
    AAO decision text
  • motion resubmission · discounted
    cannot meet the requirements of a motion to reconsider by broadly disagreeing with our conclusions
    AAO decision text

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Notable

This is a second motion to reconsider following a prior dismissed appeal and a prior dismissed combined motion to reopen/reconsider. The AAO dismissed on purely procedural grounds, finding the Petitioner failed to identify any specific legal or factual error in the AAO's prior decision, instead reasserting a general disagreement and, for the first time on this second motion, alleging that an expert opinion letter had not been considered—an argument the AAO treated as an untimely new allegation outside the proper scope of a motion to reconsider. No substantive NIW prong analysis occurs in this 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
  • INA 203(b)(2)
  • INA 291
  • Matter of O-S-G-

Cases in adjacent profiles