NIW Bearings
dismissedNOV262024_08B52032024-11-26 · 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 human rights attorney, sought to register and establish a legal practice and/or partnership in the United States, though he did not clearly articulate a specific proposed endeavor.

Field: human rights law · Read the decision (uscis.gov)

How the evidence was treated

  • resume experience · discounted
    he submits evidence of his past work in Pakistan
    AAO decision text
  • motion resubmission · discounted
    the Petitioner does not identify any incorrect application of law or policy in our prior decision
    AAO decision text

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Notable

This decision does not substantively re-adjudicate the NIW prongs; it dismisses the motion to reconsider solely because the Petitioner failed to identify any legal or policy error in the prior appellate decision, instead resubmitting evidence of past work and a vague statement of intent to establish a legal practice. The prior decision (not reproduced here) found deficiencies including failure to submit Form ETA-750B, failure to articulate the proposed endeavor, and failure to meet Dhanasar prong 1, but those are only referenced, not analyzed anew.

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

This was a motion to reconsider, and the Petitioner failed to identify any legal or policy error in the prior dismissal, instead resubmitting credentials and past work without articulating the endeavor.

Transferable lesson

A motion to reconsider must pinpoint specific legal/policy errors in the prior decision; resubmitting personal credentials without curing the underlying endeavor-articulation deficiency will fail.

Endeavor framing

vague

Evidence targeting

person_focused

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