NIW Bearings
dismissedOCT022025_03B52032025-10-02 · combined

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 soccer program manager and coordinator, proposed to operate a youth soccer program in the United States, citing claimed health and economic benefits of youth sports and physical fitness.

Field: youth soccer program management · Read the decision (uscis.gov)

How the evidence was treated

  • business plan · discounted
    the Petitioner has already claimed these facts in the petition and subsequent appeal and motions
    AAO decision text
  • contract revenue · discounted
    these documents, already on record, do not offer any new facts
    AAO decision text
  • recommendation letter · discounted
    The same documents and claims have been considered and found to be insufficient in demonstrating the Petitioner's eligibility
    AAO decision text
  • motion resubmission · discounted
    does not offer any new facts
    AAO decision text

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Notable

This is the fifth motion to reopen/reconsider in a long procedural history; the decision focuses entirely on an ineffective-assistance-of-counsel claim under Matter of Lozada/Melgar and motion standards under 8 C.F.R. 103.5, not on substantive re-evaluation of the NIW prongs. The AAO also corrects the Petitioner's mischaracterization of Matter of Assaad, finding he 'misquotes' and 'misidentifies the conclusion reached by the Board.'

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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles