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 record does not specify the substance of the proposed endeavor; the decision addresses only procedural motion issues, not the merits of the NIW claim.
How the evidence was treated
- motion resubmission · discounted
“we generally will only consider evidence that is part of the record and associated with a single petition”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision is purely procedural: it dismisses a combined motion to reopen/reconsider because the Petitioner failed to address or overcome the AAO's most recent (prior motion) decision, instead arguing NIW eligibility on the merits and asking the AAO to import evidence and findings from a separate, later-filed I-140 petition to avoid having to file a new I-485. The AAO refused, citing single-record-of-proceeding principles, the eligibility-at-time-of-filing rule, lack of jurisdiction over the pending I-485, and policy concerns about repeated motions delaying finality (citing Abudu and Doherty). No NIW prong analysis occurs because the underlying appeal had already been dismissed on the exceptional-ability threshold and NIW issues were reserved, not reached, in that prior 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. 103.2(b)(1)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of Coelho
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