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 organ transplant coordinator, proposed to continue work in organ donation and transplantation coordination in the United States.
Field: organ transplantation coordination · Read the decision (uscis.gov)
How the evidence was treated
- certification membership · ignored
“the Petitioner does not submit any new evidence and does not assert any new facts supported by documentary evidence”
AAO decision text - degree · ignored
“the Petitioner does not submit any new evidence and does not assert any new facts supported by documentary evidence”
AAO decision text - motion resubmission · discounted
“her submission does not meet the requirements of a motion to reopen”
AAO decision text
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Notable
This decision does not reach the merits of the NIW prongs at all; it is a purely procedural dismissal of a motion to reopen for failure to present new facts/evidence as required by 8 C.F.R. 103.5(a)(2). The underlying denial and prior appeal dismissal (which presumably contained prong analysis) are not detailed in this text.
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)(ii)
- 8 C.F.R. 103.5(a)(2)
- Matter of Coelho
What this case teaches
Analyst reading of the decision text.
The motion failed procedurally: no new facts or new documentary evidence were submitted as required for a motion to reopen, so the underlying denial stood without re-adjudication.
A motion to reopen must present genuinely new evidence and facts; resubmitting prior evidence cannot revive a denied NIW petition.
vague
public_health
person_focused
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