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 ESL teacher, sought an EB-2 national interest waiver in connection with his proposed endeavor of teaching English as a second language.
Field: English as a second language teaching · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“A motion is not an opportunity to restate previously considered and rejected arguments.”
AAO decision text
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Notable
This is the third motion to reconsider in the proceedings (following an appeal dismissal and two prior motion dismissals); the AAO did not readjudicate the merits of any Dhanasar prong, focusing instead purely on the procedural adequacy of the motion under 8 C.F.R. 103.5(a)(3), finding the Petitioner merely rehashed prior arguments rather than identifying legal or factual error in the immediately preceding decision.
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 O-S-G-
Cases in adjacent profiles
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- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu