NIW Bearings
dismissedSEP202021_01B52032021-09-20 · 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 financial manager working in Brazil, sought an NIW-based EB-2 petition; her prior appeal was dismissed for failing to establish the national importance of her proposed endeavor.

Field: financial management · Read the decision (uscis.gov)

How the evidence was treated

  • other · discounted
    she did not explain why the pandemic caused her to delay filing her motions to reopen past the extended deadline
    AAO decision text

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Notable

This decision is purely procedural: it denies an untimely combined motion to reopen and reconsider without re-examining the merits of the underlying Dhanasar prong-one national-importance finding. The Petitioner's COVID-19-related excuse for the late filing (citing effects on the Brazilian tourism industry, though she worked as a financial manager) was rejected as insufficiently explained and untethered to her own circumstances.

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)(2)
  • 8 C.F.R. 103.5(a)(3)

Cases in adjacent profiles