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 Beneficiary was to work for a private airline; the decision does not describe the specific proposed endeavor, focusing instead on procedural motion issues.
Field: aviation (private airline employer; specific beneficiary occupation not described) · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO previously withdrew SCOPS' finding that the Beneficiary established exceptional ability; on motion, Petitioner only reargued exceptional ability without new facts, and this remains unestablished.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has provided no new facts and documentary evidence, the motion to reopen must be dismissed”
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 is purely procedural: the AAO dismissed combined motions to reopen and reconsider because the Petitioner presented no new facts (reasserting previously submitted exceptional-ability evidence with claims it 'may have not been clear'), merely reargued issues already decided (invoking Matter of O-S-G-), and critically never addressed the national interest waiver at all in the motion, addressing only exceptional ability. As a result, no NIW prong was substantively analyzed in this decision; the underlying denial stands unreadjudicated.
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)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- 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