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 record does not describe the specific proposed endeavor; the decision focuses entirely on procedural motion issues and the Petitioner's waived EB-2 classification eligibility rather than the substance of the national interest waiver.
EB-2 threshold — not met
Petitioner waived the EB-2 classification issue by not challenging the Director's denial on appeal; his subsequent attempt to reargue eligibility as an individual of exceptional ability was rejected because the issue was not properly before the AAO on motion and no new facts warranted reopening.
How the evidence was treated
- motion resubmission · discounted
“A motion is not an opportunity to restate previously considered and rejected arguments.”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision does not reach the merits of the national interest waiver at all; it is a second combined motion to reopen/reconsider dismissing the Petitioner's ineffective-assistance-of-counsel claim regarding a waived EB-2 classification issue (exceptional ability vs. advanced degree). The AAO never addressed the NIW prongs because the underlying EB-2 classification eligibility was never established, having been waived on the original appeal.
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
- Matter of Coelho
- Matter of O-S-G-
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