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, who holds a tourist guide license and operates or works in a tour-guide-related business, sought EB-2 classification as an individual of exceptional ability with a national interest waiver.
Field: tourism/tour guide services · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · ignored
“we did not consider the Petitioner's new evidence for the first time on appeal and similarly did not consider the additional new evidence submitted with the combined motion”
AAO decision text - resume experience · ignored
“the Petitioner was put on notice of the required evidence and given a reasonable opportunity by SCOPS to provide it before the petition was denied”
AAO decision text - certification membership · ignored
“the Petitioner was put on notice of the required evidence and given a reasonable opportunity by SCOPS to provide it before the petition was denied”
AAO decision text - recommendation letter · ignored
“the Petitioner was put on notice of the required evidence and given a reasonable opportunity by SCOPS to provide it before the petition was denied”
AAO decision text
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Notable
This decision is purely procedural: it is the second combined motion to reopen and reconsider following a prior dismissed appeal and combined motion. The AAO does not analyze the NIW prongs or threshold EB-2 eligibility on the merits at all; it dismisses solely because the Petitioner again submitted evidence not before SCOPS at the time of the original denial and failed to identify legal or factual error in the prior AAO decision, consistent with the rule against considering new evidence for the first time on motion/appeal (citing Matter of Soriano).
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
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