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 decision does not describe the underlying proposed endeavor; it addresses only procedural motions following a prior appeal dismissal on an NIW petition.
How the evidence was treated
- motion resubmission · discounted
“he doesn't offer new facts that are supported by documentary evidence”
AAO decision text
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Notable
This is a purely procedural motion decision: the AAO dismissed both the motion to reopen and motion to reconsider for failing basic regulatory requirements (no new facts, no argument of legal/policy error), without reaching or reanalyzing the substantive NIW prongs from the prior appeal decision. The AAO also emphasized that a petitioner must specifically identify supporting evidence and cannot rely on the reviewing body to search voluminous records, citing multiple circuit and BIA cases on this point.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of E-M-
- Matter of Otiende
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp