dismissedJAN052024_02B52032024-01-05 · combined · Texas Service Center

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 lawyer specializing in international taxation, sought an EB-2 national interest waiver of the job offer requirement.

Field: international taxation law · Read the decision (uscis.gov)

How the evidence was treated

motion resubmission · discounted
“the Petitioner submits no new facts or documentary evidence in support of the motion to reopen”
AAO decision text

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Notable

This decision is purely procedural, dismissing combined motions to reopen and reconsider without reaching any substantive NIW prong analysis; the motion to reopen was dismissed for lack of new facts/evidence, and the motion to reconsider was dismissed because the Petitioner addressed the Director's decision rather than AAO's prior appellate decision and made only a vague, seemingly inapplicable Fourth Amendment argument.

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)
8 C.F.R. 103.5(a)(3)
8 C.F.R. 103.5(a)(4)
Matter of Coelho

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