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 geologist, sought EB-2 classification as an individual of exceptional ability with a national interest waiver of the job offer requirement; the endeavor itself is not described in this motion decision.
Field: geology · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“the Petitioner's assertions and additional evidence regarding this evidentiary criterion are outside the scope of the current motion”
AAO decision text - motion resubmission · discounted
“the letter and certificates were previously submitted and thus do not meet the requirements of a motion to reopen”
AAO decision text - other · discounted
“any new facts submitted on motion must establish eligibility at the time of filing”
AAO decision text
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Notable
This is the fifth motion in a lengthy procedural history; the underlying national interest waiver issue was reserved in an earlier appellate decision after the petitioner failed to establish exceptional-ability EB-2 eligibility, and it has never been substantively reached in any subsequent motion, including this one. The petitioner also alleged a clerical 'EB-5' reference error in the prior decision, which the AAO found did not exist and, even if it did, would not show incorrect application of law or policy.
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. 103.2(b)(1)
- 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)
- Matter of Coelho
- Matter of Izummi
- Matter of Katigbak
- 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