NIW Bearings
dismissedSEP112024_06B52032024-09-11 · motion_reconsider · 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 special needs specialist, sought to continue working in her field in the United States, though the specific proposed endeavor is not detailed in this motion decision.

Field: special needs education · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner submits a motion brief that quotes from her personal statement and opinion letters already in the record.
    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 is a second motion to reconsider following a prior appeal dismissal and a prior motion to reconsider dismissal. The AAO did not reach the merits of the NIW prongs; it found the motion procedurally deficient because the Petitioner merely re-argued prior points ('broadly disagreeing with our conclusions') without citing law or policy the AAO misapplied, per Matter of O-S-G-.

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
  • 8 C.F.R. 103.5(a)(1)(i)
  • 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