NIW Bearings
dismissedFEB122018_01B52032018-02-12 · motion_reopen · 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 teacher and autism spectrum disorder education researcher, sought to continue research and teaching in this field in the United States.

Field: autism spectrum disorder education research · Read the decision (uscis.gov)

Prong 2 — well positionednot established

we determined that the Petitioner had not demonstrated that she meets the second and third prongs set forth in the Dhanasar analytical framework.

AAO decision text

Prong 3 — balance of factorsnot established

the present motion does not offer new facts or evidence demonstrating that the Petitioner satisfies the second and third prongs of the Dhanasar analytical framework.

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    The present motion offers no new facts or evidence addressing her eligibility or overcoming our findings.
    AAO decision text
  • other · discounted
    The Petitioner has not provided documents meeting the evidentiary requirements set forth in Lozada.
    AAO decision text

Where this case turned

  • Derivative of Prong 1/2 failure · p2prong three fails only because prongs one or two did — no independent ground
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
117coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

This decision primarily concerns a third motion to reopen based on an ineffective assistance of counsel claim (Lozada framework) rather than a substantive re-analysis of the NIW prongs; the AAO denies the motion because Lozada's documentary requirements were not met and because no new evidence was offered on prongs 2 and 3, which had been found unmet in prior decisions. Prong 1 was apparently not at issue in this or prior motions.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to meet Lozada's threshold evidentiary requirements for ineffective-assistance claims and offered no new facts curing prior findings that she failed Dhanasar prongs 2 and 3.

Transferable lesson

A motion to reopen must supply new, substantive evidence on unmet Dhanasar prongs; procedural ineffective-assistance claims cannot substitute for merits evidence and must meet Lozada's strict documentary requirements.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles