NIW Bearings
dismissedNOV182024_03B52032024-11-18 · combined · Nebraska 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 finance manager, proposed an endeavor she claimed would benefit U.S. companies and the broader economy.

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

How the evidence was treated

  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute the submission of "new facts."
    AAO decision text
  • resume experience · discounted
    she reiterates her experience as a finance manager and the benefits she claims her endeavor will provide
    AAO decision text

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Notable

This is a purely procedural decision on the Petitioner's seventh combined motion to reopen and reconsider; the AAO does not readdress the Dhanasar prongs on the merits, finding no new facts and no showing of legal or factual error in its prior decision. The AAO also rejects a Fifth Amendment due process argument raised in the motion, and notes it is 'not unsympathetic' to family and medical concerns raised but finds them legally irrelevant.

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)(2)
  • 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