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 specific endeavor; it addresses only procedural motions incorporating a prior appellate decision by reference.
EB-2 threshold — not met
The prior appeal decision, incorporated by reference, found that although the endeavor required an advanced degree or exceptional ability, the record did not establish that the Petitioner possessed an advanced degree or exceptional ability.
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
Purely procedural motion decision: the Petitioner submitted only a brief alleging general error and a Fourth Amendment violation claim, with no new facts or evidence, and did not identify any specific legal or factual error in the prior appellate decision. Both the motion to reopen and motion to reconsider were dismissed for failing to meet the regulatory requirements; no prong analysis occurred as threshold eligibility (advanced degree/exceptional ability) remained the unaddressed defect from the underlying appeal.
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)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of O-S-G-
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