NIW Bearings
dismissedFEB062026_04B52032026-02-06 · 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 petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed endeavor is not described in this decision, which addresses only procedural motion requirements.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    a motion to reconsider is not a process by which a party may submit, in essence, the same brief presented on appeal and seek reconsideration by generally alleging error
    AAO decision text

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Notable

This is the petitioner's fifth motion to reconsider. The AAO declined to reach the merits of the NIW eligibility analysis under Dhanasar because the scope of the motion is limited to the prior procedural decision, which itself did not address NIW merits. The petitioner argued the AAO had conflated the standards for motions to reopen and reconsider; the AAO rejected this characterization. No substantive prong analysis was conducted in this decision.

What this case teaches

Analyst reading of the decision text.

Decisive factor

This is the Petitioner's fifth motion; the panel held the motion failed to identify any incorrect application of law or policy in the prior decision, as required under 8 C.F.R. 103.5(a)(3), and merits of NIW eligibility were outside the motion's scope.

Transferable lesson

A motion to reconsider must specifically identify legal or policy error in the prior decision with a brief/argument; repeating prior arguments or raising merits issues outside scope will be summarily dismissed.

Endeavor framing

vague

Evidence targeting

person_focused

Cases in adjacent profiles