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, a business administrator, sought an EB-2 national interest waiver; this motion decision does not describe the specifics of her proposed endeavor.
Field: business administration · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“she has not offered new evidence or facts on motion to overcome the stated grounds for our appellate decision”
AAO decision text
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Notable
This is a purely procedural motion decision (combined motion to reopen/reconsider) that does not re-analyze the Dhanasar prongs on the merits; it only recites that the prior appellate decision found prongs one and two unmet and finds the Petitioner failed to identify legal error or submit new evidence, e.g. she 'does not identify the specific documentation we erred in analyzing' and claims upholding the denial 'would result in a manifest injustice.'
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)(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