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, an industrial and quality engineer, sought to work in his field in the United States and requested a national interest waiver of the job offer requirement.
Field: industrial and quality engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the new facts and documentary evidence do not pertain to our latest decision”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition at all; it is the sixth motion in the proceedings, and the AAO dismisses the combined motion solely on procedural scope grounds, finding the Petitioner failed to address the actual basis of the prior decision (an untimely motion to reconsider) rather than the underlying NIW eligibility. No Dhanasar prong analysis occurs.
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
- Matter of Coelho
What this case teaches
Analyst reading of the decision text.
The motion failed procedurally because the new evidence and reconsideration arguments did not address the narrow basis of the latest decision—an untimely prior motion to reconsider—rather than the underlying NIW merits.
Motions to reopen/reconsider must directly address the specific prior decision's rationale (here, timeliness), not merely re-argue the underlying NIW merits.
vague
mixed
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