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 legal administrator, sought an EB-2 national interest waiver, arguing his proposed endeavor would have significant economic impact; the specific nature of the endeavor is not detailed in this procedural decision.
Field: legal administration · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner references the same evidence and makes the same previous arguments”
AAO decision text - other · discounted
“the Petitioner does not explain, nor does the record demonstrate, how the evidence establishes we erred”
AAO decision text
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Notable
This is the third combined motion to reopen/reconsider following two prior dismissals; the AAO limits its review strictly to whether it erred in the immediately preceding motion decision, declining to re-examine the merits of the NIW prongs. A footnote notes the Petitioner submitted 2021 tax documents as evidence of economic impact despite the petition being filed in 2018, and the AAO faults him for not explaining how this evidence shows error in the prior motion ruling.
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. 103.2(b)(1)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- INA 203(b)(2)
- INA 291
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