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 restaurant manager, sought to continue working in restaurant management in the United States under an EB-2 classification with a national interest waiver.
Field: restaurant management · Read the decision (uscis.gov)
EB-2 threshold — not met
Advanced degree professional eligibility was waived as unraised on the first appeal; exceptional ability eligibility failed because the Petitioner met none of the six criteria at 8 C.F.R. 204.5(k)(3)(ii). Because underlying EB-2 classification was not established, the national interest waiver prongs were never reached in the prior decisions and were not newly established on this motion.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner's contentions in their current motion merely reargue facts and issues we have already considered”
AAO decision text
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Notable
This is a second-round combined motion to reopen/reconsider following a prior appeal dismissal and a prior motion dismissal; the AAO never reached the NIW prongs because underlying EB-2 classification (exceptional ability) failed and advanced-degree professional eligibility was deemed waived as unraised on appeal. The Petitioner's brief on this motion instead discussed an unrelated I-485 denial, which the AAO noted was not properly before it.
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)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Coelho
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of O-S-G-
- Matter of R-A-M-
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