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 sought an EB-2 national interest waiver as an advanced degree professional; the specific field and proposed endeavor are not described in this decision, which addressed only the procedural dismissal of a combined motion to reopen and reconsider.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner reargues that she is eligible for the underlying petition and references the evidence submitted with the initial petition”
AAO decision text
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Notable
This decision is purely procedural: the AAO never reached the NIW merits. The underlying I-140 was denied in December 2022; SCOPS dismissed a combined motion to reopen and reconsider in September 2025; the petitioner then appealed that dismissal. The AAO found the petitioner waived the motion-to-reopen issue by not addressing it on appeal, and found the motion-to-reconsider argument (that SCOPS failed to apply a cumulative totality-of-evidence standard) insufficient to show an incorrect application of law or policy under 8 C.F.R. § 103.5(a)(3). The AAO explicitly declined to address the December 2022 denial or the merits of the underlying petition. The citation to Matter of C-A-R-R (BIA 2025) for the waiver-of-argument principle is notable as a recent BIA precedent applied in an AAO NIW context.
What this case teaches
Analyst reading of the decision text.
Petitioner appealed only the dismissal of her combined motion, not the underlying denial, and failed to show SCOPS misapplied law/policy or evidence in dismissing that motion; underlying merits were waived and unreviewed.
On appeal from a motion dismissal, specifically argue why the motion decision itself misapplied law/policy or evidence—reasserting underlying petition merits without appealing the denial waives that issue.
vague
mixed
Cases in adjacent profiles
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