NIW Bearings
dismissedNOV172023_08B52032023-11-17 · 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 Petitioner, an insurance sales manager, sought a national interest waiver in connection with continued work in the insurance field; the specific proposed endeavor is not detailed in this motion decision.

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

How the evidence was treated

  • motion resubmission · discounted
    she repeats facts already in the record, and she resubmits copies of documents already in the record
    AAO decision text

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Notable

This is a procedural motion decision (combined motion to reopen and reconsider) that does not itself re-analyze the Dhanasar prongs on the merits; the AAO expressly incorporates by reference its prior appellate decision's prong analysis and dismisses the motion for failing to state new facts (motion to reopen) or identify legal/policy error (motion to reconsider). The AAO also reaffirmed that it had properly reserved the threshold EB-2 classification issue under INS v. Bagamasbad and Matter of L-A-C- because the national-interest-waiver denial was independently dispositive.

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)(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)
  • Matter of Coelho
  • Matter of L-A-C-

Cases in adjacent profiles