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 specifics of the petitioner's proposed endeavor; it concerns a prior NIW petition denial and subsequent unsuccessful motion and appeal, now before the AAO on combined motions to reopen and reconsider that decision.
EB-2 threshold — addressed
The Director found the Petitioner qualified for classification as a member of the professions holding an advanced degree; this was not disputed and is not at issue in this motion.
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
This decision is purely procedural: the AAO dismissed both a motion to reopen and a motion to reconsider its own prior dismissal of an appeal (which itself followed a Director denial and a denial of a motion to reconsider). No prong-level or threshold-EB2 merits analysis occurs; the AAO found the Petitioner merely repeated prior arguments and evidence without new facts or a showing of legal error, per Matter of O-S-G- and INS v. Abudu's 'heavy burden' standard.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 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