NIW Bearings
dismissedSEP302025_03B52032025-09-30 · motion_reconsider

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 decision does not describe the underlying proposed endeavor, as it addresses only the procedural sufficiency of a third motion to reconsider.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    she does not identify any erroneous application of law or policy to demonstrate that our decision was incorrect
    AAO decision text

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Notable

This is the fourth adverse decision in the same case (denial, appeal dismissal, two prior motions to reconsider dismissed, and now this third motion to reconsider). The AAO does not re-examine the merits of any Dhanasar prong; it dismisses solely because the Petitioner rehashed prior arguments without identifying legal or factual error, citing the limited scope of motions to reconsider under 8 C.F.R. 103.5(a)(3) and 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
  • Matter of O-S-G-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner's third motion to reconsider merely reasserted prior arguments and evidence without identifying any legal or policy error in the AAO's earlier decision, as required under 8 C.F.R. 103.5(a)(3).

Transferable lesson

A motion to reconsider must pinpoint a specific legal or policy error in the prior decision; simply repeating earlier arguments or evidence will fail regardless of underlying merits.

Endeavor framing

vague

Evidence targeting

mixed

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