dismissedAUG052024_08B52032024-08-05 · combined · Texas 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 mathematics teacher, sought to work in the United States under an EB-2 classification with a national interest waiver, though the substantive nature of her proposed endeavor is not discussed in this procedural decision.

Field: mathematics education · Read the decision (uscis.gov)

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Notable

This is the Petitioner's sixth combined motion to reopen/reconsider following an original appeal, four prior combined motions, an improper appeal of an AAO decision (rejected for lack of jurisdiction), and a fifth combined motion. The AAO does not reach any substantive NIW merits; it dismisses solely on procedural grounds because the Petitioner failed to address the jurisdictional basis of the prior dismissal, as required by the scope-of-motion regulation limiting review to 'the prior decision.'

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
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)

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