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, an education specialist, sought EB-2 classification with a national interest waiver, though the specific proposed endeavor is not described in this decision.
Field: education · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“we determine the Petitioner has not overcome our reasoning within her third motion dismissal through new evidence in this motion to reopen”
AAO decision text
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Notable
This is the fourth motion filed after the underlying NIW petition's approval was revoked; the AAO had already dismissed the appeal and three prior motions. The Petitioner previously conceded in earlier filings that she did not qualify for a national interest waiver under Dhanasar ('accepts that she is not eligible for a National Interest Waiver'; 'her proposed endeavor is not one that satisfies the Dhanasar analysis'). The AAO declined to reach the merits of NIW eligibility because its review on a motion to reopen is limited to the most recent decision, which did not adjudicate NIW eligibility (having earlier withdrawn a willful-misrepresentation finding instead). The AAO also emphasized the 'heavy burden' on repeated motions and the public interest in finality, citing Hernandez-Ortiz, Doherty, and Abudu, and dismissed the motion on purely procedural grounds without conducting a Dhanasar analysis.
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)
- Matter of Coelho
Cases in adjacent profiles
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- 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