The decision does not describe the substance of the Petitioner's proposed endeavor; it addresses only the propriety of SCOPS' dismissal of a combined motion to reopen and reconsider.

How the evidence was treated

• motion resubmission · discounted

  “did not state any new facts and instead listed new and revised evidence they were offering with the motion”

  AAO decision text
• business plan · ignored

Notable

This decision does not substantively reach the Dhanasar NIW prongs at all; SCOPS' original petition denial was based on the well-positioned (prong 2) determination, but the appeal before the AAO concerns only whether SCOPS properly dismissed the Petitioner's subsequent combined motion to reopen and reconsider for failing to state new facts or identify a legal/policy error. The AAO found the Petitioner's appeal brief failed to address that procedural motion defect and deemed the issue waived, citing Matter of C-A-R-R (a BIA precedent) for the waiver principle.

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. 103.3
• 8 C.F.R. 103.5(a)(2)
• 8 C.F.R. 103.5(a)(3)

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