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 construction manager and civil engineer, sought EB-2 classification with a national interest waiver; the specifics of her proposed endeavor are not discussed in this procedural motion decision.
Field: construction management / civil engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the present motion revisits assertions expressed in her previous motions concerning her purported eligibility for a national interest waiver”
AAO decision text
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Notable
This is the fourth combined motion to reopen/reconsider in the case; the AAO dismissed it purely on procedural grounds (failure to state new facts or identify legal/factual error in the prior decision) without re-adjudicating or discussing the NIW prongs on the merits. The decision explicitly states 'we will not re-adjudicate the petition 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(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod