NIW Bearings
dismissedSEP252024_08B52032024-09-25 · 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, an accountant and finance manager, sought an EB-2 national interest waiver; the decision does not describe her specific proposed endeavor.

Field: accounting and finance · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner does not submit any new evidence and does not assert any new facts supported by documentary evidence
    AAO decision text

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Notable

This is a third combined motion to reopen/reconsider following a prior appeal dismissal and two prior combined motions; the AAO's substantive NIW prong analysis was not revisited here. The motion to reopen was denied for lack of new evidence, and the motion to reconsider was denied as untimely (received 75 days after the prior decision, exceeding the 33-day filing window) and for failing to identify any legal or policy error.

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)
  • INA 203(b)(2)
  • Matter of Coelho

Cases in adjacent profiles