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, an attorney, sought EB-2 classification and a national interest waiver, but this decision does not describe the substance of her proposed endeavor.
Field: law · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“primarily continues to assert her eligibility and qualifications for the requested classification but does not establish that the Director erred”
AAO decision text
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Notable
This decision is purely procedural: the AAO reviewed the Director's dismissal of a motion to reconsider, not the merits of the NIW petition or Dhanasar prongs. The Petitioner alleged the Director gave her evidence less weight because she is a woman, but the AAO found no evidentiary support for this claim. No substantive prong analysis occurred in this decision; the underlying denial (based on Dhanasar) remained undisturbed.
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. 103.3
- 8 C.F.R. 103.5
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show the Director erred in finding her combined motions did not meet the regulatory requirements for a motion to reopen/reconsider under 8 C.F.R. 103.5; she instead re-argued underlying NIW eligibility.
A motion to reconsider must specifically identify legal/policy error in the prior decision; merely re-asserting eligibility evidence will not satisfy 8 C.F.R. 103.5(a)(3).
vague
person_focused
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