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 economist, sought classification as an advanced-degree professional with a national interest waiver; the specific proposed endeavor is not described in this procedural decision.
Field: economics · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · credited
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision does not reach the merits of the NIW claim at all. The Director denied the underlying petition on national-interest grounds, then dismissed a combined motion to reopen/reconsider solely for lack of a required statement about judicial proceedings under 8 C.F.R. 103.5(a)(1)(iii)(C). On appeal, the Petitioner cured that procedural defect by submitting the missing statement, so the AAO withdrew the Director's decision and remanded solely for a new decision addressing whether the combined motion meets the substantive requirements of 8 C.F.R. 103.5(a)(2)-(3). No prong or threshold analysis was performed by the AAO in this decision.
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)(2)
- 8 C.F.R. 103.5(a)(3)
What this case teaches
Analyst reading of the decision text.
Director dismissed motion solely for missing judicial-proceedings statement; petitioner cured this on appeal, so AAO remanded for a new decision on the motion's merits under 8 C.F.R. 103.5(a)(2)-(3).
Always include the required judicial-proceedings statement with any motion to reopen/reconsider to avoid procedural dismissal unrelated to substantive NIW merits.
vague
mixed
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