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 underlying proposed endeavor; the petition sought EB-2 classification as an individual of exceptional ability with an accompanying national interest waiver, but this motion decision addresses only procedural deficiencies.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner submits no new facts or documentary evidence in support of the motion to reopen”
AAO decision text
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Notable
The AAO's decision is purely procedural: it dismisses the motion to reopen for lack of new facts/evidence and the motion to reconsider for failing to specify any incorrect application of law or policy. The Petitioner's Fifth Amendment due-process argument was rejected as vague ('he does not discuss how'). No substantive national-interest-waiver analysis occurs in this document.
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)
- 8 C.F.R. 103.5(a)(4)
- 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