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 seeks EB-2 classification as a member of the professions holding an advanced degree with a national interest waiver of the job offer requirement; the specific proposed endeavor is not described in this procedural decision.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not provided new facts to establish that we erred in dismissing the prior motion”
AAO decision text
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Notable
This is a purely procedural dismissal on two independent grounds: (1) the underlying petition is materially identical to a separately pending benefit request under 8 C.F.R. 103.2(a)(7)(iv), and (2) the sixth combined motion was dismissed as untimely (received 34 days after the prior decision, one day beyond the 33-day deadline), with the Petitioner's argument that USPS delivery delay was beyond his control rejected. No merits analysis of the NIW prongs was conducted. This is the Petitioner's seventh combined motion or appeal in this matter.
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)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
What this case teaches
Analyst reading of the decision text.
Motion dismissed because (1) a materially identical petition was pending under 8 C.F.R. 103.2(a)(7)(iv), and (2) the prior motion was untimely filed by one day with no excusable-delay showing.
Ensure motions are filed within the strict 30/33-day window and avoid filing duplicate identical petitions, as either defect bars merits review entirely.
vague
mixed
Cases in adjacent profiles
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- 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
- The Petitioner, a climate change policy analyst, sought an EB-2 national interest waiver to work in the United States in