NIW Bearings
dismissedOCT182023_02B52032023-10-18 · 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, a legal consultant, sought an NIW-based EB-2 immigrant petition; the underlying nature of her proposed endeavor is not detailed in this motion decision.

Field: legal consulting · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not identify a new fact, nor does she submit documentary evidence of such a fact
    AAO decision text

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Notable

The motion did not address the merits of the national-interest prongs at all; it was dismissed purely on procedural grounds (no new facts for reopening, no identified legal/policy error for reconsideration). The Petitioner's brief bizarrely invoked the Fourth Amendment's search-and-seizure protections as grounds for reconsideration, which the AAO quoted in full and found wholly inapplicable and unexplained.

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

Cases in adjacent profiles