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 mathematics teacher, sought to continue working as a math educator in the United States and requested a national interest waiver of the job offer and labor certification requirements.
Field: mathematics education · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“does not demonstrate how the evidence provided on motion addresse[d] the stated grounds for summary dismissal”
AAO decision text
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Notable
This decision is purely procedural: the AAO never reached the merits of the NIW claim (no prong analysis) because the motion to reopen failed to address the basis for the prior summary dismissal of the appeal (failure to identify erroneous conclusions of law or fact) or the subsequent dismissals of two prior combined motions. The Petitioner instead focused on her qualifications and passion for teaching, which the AAO found irrelevant absent first overcoming the procedural bar. This is the third AAO decision in a chain (summary dismissal of appeal, dismissal of first combined motion, dismissal of second combined motion, and now this motion to reopen), illustrating a recurring procedural loop rather than substantive NIW adjudication.
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)(2)
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