NIW Bearings
dismissedSEP112024_01B52032024-09-11 · 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 general and operations manager, sought EB-2 classification and a national interest waiver; the underlying merits of his proposed endeavor were never reached in this decision.

Field: general and operations management · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner has not provided new facts or new evidence in support of the motion to reopen
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This decision is purely procedural: the AAO dismissed combined motions to reopen and reconsider a prior summary dismissal because the underlying motion was filed 52 days after the decision (beyond the 33-day deadline), and rejected the Petitioner's 'mailbox rule' argument since USCIS filings are governed by actual-receipt rules under 8 C.F.R. 103.2(a)(7)(i). No NIW prong (threshold eligibility, prong 1, 2, or 3) was substantively analyzed or reached.

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)(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