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 decision does not describe the underlying endeavor; it concerns only the procedural history of the Petitioner's appeal and successive motions.
Field: · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director concluded the Petitioner qualified for classification as a member of the professions holding an advanced degree; this was not disputed in this decision.
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Notable
This decision does not reach the NIW merits at all; it is a purely procedural dismissal of the Petitioner's third-round motion to reconsider, following prior dismissals of the appeal (for an electronically-signed Form I-290B rather than a handwritten signature), a motion to reconsider, and a motion to reopen. The AAO faulted the Petitioner for failing to address its most recent decision (denying the motion to reopen) and for attempting instead to relitigate the original appeal, which is outside the regulatory scope of a motion to reconsider under 8 C.F.R. 103.5(a)(1)(i).
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)(i)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
What this case teaches
Analyst reading of the decision text.
Petitioner's Form I-290B appeal bore an electronic/word-processed signature, invalid under regulations; subsequent motions failed to identify legal error in that ruling or address the most recent dismissal.
Ensure appeal/motion forms bear valid handwritten signatures per regulation, and that each successive motion directly addresses errors in the immediately prior decision, not earlier ones.
vague
mixed
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