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 mathematics teacher, sought a national interest waiver of the job offer requirement to work in the U.S. in her teaching field.
Field: mathematics education · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“she has not overcome our prior determination”
AAO decision text - recommendation letter · discounted
“does not demonstrate that our findings were in error”
AAO decision text - resume experience · discounted
“does not demonstrate that her appeal identified its legal or factual basis”
AAO decision text - certification membership · discounted
“does not demonstrate that her appeal identified its legal or factual basis”
AAO decision text
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Notable
This decision addresses only a motion to reopen/reconsider a prior AAO summary dismissal of the appeal, not the merits of the underlying NIW petition; the AAO expressly states 'the merits of the Director's decision, and of the underlying petition, are not before us,' so no prong analysis occurs despite the case being an NIW petition.
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
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