dismissedMAR112024_01B52032024-03-11 · combined · Texas Service Center

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 works as a general and operations manager and sought an EB-2 national interest waiver, though the specific endeavor was not substantively described in this procedural decision.

Field: general and operations management · Read the decision (uscis.gov)

How the evidence was treated

motion resubmission · discounted
“his brief claim... discussion was the same or was very similar to the arguments he presented before the Director”
AAO decision text

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Notable

This is a purely procedural motion decision reviewing a prior summary dismissal of the appeal; the AAO explicitly declined to consider the merits of the NIW petition itself, holding that the Petitioner's eligibility for the waiver 'was not an element in our most recent decision' and thus could not be raised on motion. No substantive prong analysis occurred.

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)
Matter of Coelho

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