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 legal administrator, sought an EB-2 national interest waiver of the job offer/labor certification requirement; the underlying endeavor's specifics are not discussed in this procedural decision.
Field: legal administration · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
This is a second combined motion to reopen/reconsider following a prior dismissed appeal and prior dismissed combined motion; the AAO does not reach the merits of any NIW prong at all, dismissing solely on procedural grounds because the motion to reopen presented no new fact supported by documentary evidence (submitting only a brief, a copy of the prior decision, and the filing fee) and the motion to reconsider failed to identify any misapplied law or policy, instead merely disputing the AAO's prior factual conclusions. A footnote notes that subsequent motions must first address whether prior motions met requirements before eligibility becomes material.
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)
- 8 C.F.R. 103.5(a)(4)
- INA 203(b)(2)
- INA 291
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp