NIW Bearings
dismissedDEC122022_02B52032022-12-12 · combined · 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 legal administrator, sought an EB-2 national interest waiver, arguing his proposed endeavor would have significant economic impact; the specific nature of the endeavor is not detailed in this procedural decision.

Field: legal administration · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner references the same evidence and makes the same previous arguments
    AAO decision text
  • other · discounted
    the Petitioner does not explain, nor does the record demonstrate, how the evidence establishes we erred
    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 the third combined motion to reopen/reconsider following two prior dismissals; the AAO limits its review strictly to whether it erred in the immediately preceding motion decision, declining to re-examine the merits of the NIW prongs. A footnote notes the Petitioner submitted 2021 tax documents as evidence of economic impact despite the petition being filed in 2018, and the AAO faults him for not explaining how this evidence shows error in the prior motion ruling.

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. 103.2(b)(1)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles