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 decision does not describe the underlying proposed endeavor; it addresses only procedural motion standards following a prior appeal dismissal on Dhanasar prong 1 grounds.
How the evidence was treated
- motion resubmission · discounted
“he does not introduce any new evidence, or a new fact supported by documentary evidence to establish proper cause to reopen our appeal decision”
AAO decision text
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Notable
This is a purely procedural combined motion decision: the AAO does not substantively re-analyze the Dhanasar prongs or underlying EB-2 eligibility, instead affirming its prior appeal decision (which found prong 1 not met) because the Petitioner raised only general, unsupported assertions of error and introduced no new facts or evidence. Prongs 2, 3, and threshold EB-2 eligibility remain expressly reserved, as in 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(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
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