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 substance of the proposed endeavor, as it addresses only procedural motion requirements rather than the merits of the underlying NIW petition.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not provided new facts to establish that we erred in dismissing the latest prior combined motion”
AAO decision text
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Notable
This is a third combined motion to reopen/reconsider following a summary dismissal of the original appeal and two prior combined motion dismissals. The AAO does not reach the merits of the NIW petition at all; it dismisses the motion purely on procedural grounds because the Petitioner re-argued the Director's original denial rather than addressing errors in AAO's latest prior decision, as required under the scope-of-motion regulations.
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)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 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