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 record does not describe the specific endeavor; the underlying decision addressed both NIW eligibility and a post-bachelor's degree experience deficiency, but this motion decision does not reach the merits of the proposed endeavor.
EB-2 threshold — not met
AAO's prior appeal decision withdrew the Director's favorable EB-2 finding because the Petitioner accrued fewer than five years of post-bachelor's progressive experience after earning his degree in 2013; on this motion, Petitioner failed to refute that reasoning.
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 motion decision (combined motion to reopen/reconsider) following a prior appeal in which AAO agreed Petitioner did not meet NIW eligibility and further withdrew the Director's favorable EB-2 finding due to insufficient post-bachelor's progressive experience. The AAO does not re-analyze the NIW prongs here; it dismisses the motions for procedural failure to meet 8 C.F.R. 103.5 requirements (no new facts, no showing of legal/policy error) and for failing to specifically rebut the experience-deficiency finding from the prior decision. Contains extensive citation of case law regarding burden to specify evidence and not requiring the tribunal to search the record.
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