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 decision does not describe the underlying proposed endeavor; it addresses only the procedural sufficiency of a third combined motion to reopen and reconsider following prior dismissals of an EB-2/NIW petition.
How the evidence was treated
- motion resubmission · discounted
“the third combined motion repeats the Petitioner's request for a discretionary national interest waiver”
AAO decision text
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Notable
Purely procedural decision on a third combined motion to reopen/reconsider; AAO does not reach any NIW prong analysis because the Petitioner previously abandoned his EB-2 classification claim by not contesting the Director's denial on appeal, and repeatedly failed to present new facts or evidence, or identify legal/policy error, in successive motions. The decision is largely a recitation of the procedural history of two prior dismissed combined motions.
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)(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
- 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