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 industrial and quality engineer, sought EB-2 classification with a national interest waiver based on a proposed engineering endeavor, though the specific nature of the endeavor is not detailed in this motion decision.
Field: industrial and quality engineering · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner's vague assertions and disagreement with the Director's assessment of evidence did not establish that our previous decision was based on an incorrect application of law or policy”
“the Director thoroughly evaluated the Petitioner's claims relating to the first prong's national importance element and found that on appeal the Petitioner provided the same information”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner's repetition of the same arguments does not show proper cause for reconsideration”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This is a second motion to reconsider following a prior appeal dismissal and first motion to reconsider; the AAO's review is limited to its most recent decision and it declines to re-examine the underlying prong 1 merits, treating the petitioner's arguments as impermissible repetition rather than grounds for reconsideration. The decision also references a prior withdrawal of a licensure requirement determination that did not warrant remand.
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)(3)
- 8 C.F.R. 103.5(a)(4)
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