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 teacher, sought EB-2 classification with a national interest waiver, though the underlying endeavor is not described in this procedural decision.
Field: teaching · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the current motion to reopen does include new facts or evidence establishing that the June 2018 motion was timely”
AAO decision text
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Notable
This decision does not reach the NIW prongs at all; it is a purely procedural ruling denying combined motions to reopen and reconsider a prior AAO dismissal, on the ground that the Petitioner failed to show his earlier motion to reopen was timely or that the untimeliness should be excused (new counsel retention, financial difficulty). The AAO also notes the Petitioner did not raise, and did not support, an ineffective-assistance-of-counsel claim under Matter of Lozada against his former attorney.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- INA 291
Cases in adjacent profiles
- The Petitioner, an assistant professor of Arabic, proposed to continue teaching Levantine-Modern Standard Arabic to U.S.
- The Petitioner, a secondary school teacher, proposed to develop and implement an open educational resource program to ex
- The Petitioner proposed to establish a consulting company in Missouri to design and implement a nationally adaptable tea
- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu