NIW Bearings
dismissedSEP192024_07B52032024-09-19 · 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 sought EB-2 classification with a national interest waiver in connection with his work as a wholesale and retail food distributor; the specific endeavor's merits were addressed in a prior AAO appeal decision, not reargued substantively here.

Field: wholesale and retail food distribution · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not provide new facts to establish that we erred in dismissing the appeal or demonstrate that our prior decision was incorrect
    AAO decision text

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Notable

This decision is a motion (reopen/reconsider) on a prior AAO appeal decision, not a fresh merits review; the Petitioner incorrectly claimed the prior appeal had been summarily dismissed, and the AAO clarified it had in fact issued a full national-importance analysis under Dhanasar prong 1 in that earlier decision. No substantive prong analysis occurs in this decision itself.

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
  • Matter of Coelho

Cases in adjacent profiles