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 to work as a general and operations manager, apparently in the restaurant/hospitality industry, seeking EB-2 classification with a national interest waiver.
Field: restaurant management / hospitality operations · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not provided new facts to establish that we erred in dismissing the prior motion”
AAO decision text
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Notable
This decision is purely procedural: it addresses a combined motion to reopen/reconsider filed after the AAO had already summarily dismissed the underlying appeal (for failure to identify errors or file a brief) and dismissed two prior combined motions. The AAO does not substantively analyze the threshold EB-2 classification or any NIW prong; it merely finds the Petitioner failed to present new facts or identify legal/policy error under 8 C.F.R. 103.5.
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)(i)
- 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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