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 sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed endeavor is not described in this decision, which addresses only procedural motion requirements.
How the evidence was treated
- motion resubmission · discounted
“a motion to reconsider is not a process by which a party may submit, in essence, the same brief presented on appeal and seek reconsideration by generally alleging error”
AAO decision text
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Notable
This is the petitioner's fifth motion to reconsider. The AAO declined to reach the merits of the NIW eligibility analysis under Dhanasar because the scope of the motion is limited to the prior procedural decision, which itself did not address NIW merits. The petitioner argued the AAO had conflated the standards for motions to reopen and reconsider; the AAO rejected this characterization. No substantive prong analysis was conducted in this decision.
What this case teaches
Analyst reading of the decision text.
This is the Petitioner's fifth motion; the panel held the motion failed to identify any incorrect application of law or policy in the prior decision, as required under 8 C.F.R. 103.5(a)(3), and merits of NIW eligibility were outside the motion's scope.
A motion to reconsider must specifically identify legal or policy error in the prior decision with a brief/argument; repeating prior arguments or raising merits issues outside scope will be summarily dismissed.
vague
person_focused
Cases in adjacent profiles
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- 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
- The Petitioner, a climate change policy analyst, sought an EB-2 national interest waiver to work in the United States in