NIW Bearings
dismissedJUL292024_02B52032024-07-29 · motion_reconsider · 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 skydiving instructor, sought to work in the United States in that occupation under an EB-2 classification with a national interest waiver.

Field: skydiving instruction · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner submits a brief identical to the one he submitted with the appeal
    AAO decision text

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Notable

This decision does not address the NIW prongs substantively; it dismisses a motion to reconsider because the Petitioner resubmitted the identical appeal brief without identifying any legal or factual error in the AAO's prior decision, citing Matter of O-S-G- for the principle that resubmitting the same brief does not satisfy motion requirements.

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-

Cases in adjacent profiles