The decision does not describe the underlying proposed endeavor; it addresses only whether the Petitioner's motion overcame a prior summary dismissal of her appeal.

How the evidence was treated

• motion resubmission · discounted

  “reasserting previous claims without specifying an error is not a proper basis for an appeal”

  AAO decision text

Notable

This decision does not reach the merits of the NIW petition at all; it is a purely procedural dismissal of a combined motion to reopen and reconsider a prior summary dismissal of the appeal. The AAO rejected the Petitioner's Fifth Amendment due-process argument (that USCIS acknowledged but did not specifically discuss every submitted document) and held that eligibility for the waiver was never at issue in the decision under review, so it could not be raised on motion. No prong analysis occurred because the underlying appeal was summarily dismissed for failure to identify an error, and the motions failed to overcome that procedural defect.

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)
• Matter of Coelho

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