The record does not specify the Petitioner's proposed endeavor; this decision concerns only the procedural sufficiency of a third motion to reconsider, not the substantive merits of the national interest waiver.

How the evidence was treated

• motion resubmission · discounted

  “the Petitioner did not offer any arguments or refer to any legal authority to demonstrate that we erred in dismissing the first motion”

  AAO decision text

Notable

This is a third-in-a-series motion to reconsider decision that is purely procedural: the AAO dismisses for failure to meet motion-to-reconsider requirements (no new legal error identified) and does not reach or re-analyze any NIW prong. The Petitioner raised a Fifth/Fourteenth Amendment due process argument regarding consideration of the record as a whole, which the AAO rejected citing Lyng v. Payne. The underlying substantive NIW prongs were addressed in a prior 2021 decision (ID# 10621534) not provided here.

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)(3)
• 8 C.F.R. 103.5(a)(4)

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