NIW Bearings
dismissedOCT252024_03B52032024-10-25 · 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 nutritionist and entrepreneur, proposed to work in the health and nutrition sector addressing obesity and promoting wellness.

Field: nutrition and wellness · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute the submission of "new facts."
    AAO decision text

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Notable

This decision resolves only combined motions to reopen and reconsider following a prior AAO dismissal; the AAO did not reach or re-analyze the substantive NIW prongs (national importance, well-positioned, or balancing test). The motion to reopen was dismissed for failing to present new facts/evidence, and the motion to reconsider was dismissed because the Petitioner merely reargued eligibility and vaguely alleged 'misunderstanding' without identifying a specific incorrect application of law or policy.

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(a)(1)(i)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of O-S-G-

Cases in adjacent profiles