The Petitioner, a pilot, sought EB-2 classification with a national interest waiver; the specific nature of his proposed endeavor is not detailed in this motion decision.

Prong 1 — national importancenot established · dispositive

“we adopted and affirmed SCOPS' finding that the Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework”

AAO decision text

How the evidence was treated

• motion resubmission · discounted

  “The fact of the Petitioner's submission of a new national interest waiver petition is not material to this finding”

  AAO decision text

Notable

This is a procedural motion-to-reopen decision; the Petitioner's only new evidence was a receipt notice for a subsequently filed I-140, which the AAO found immaterial to eligibility at the time of the original filing. No new substantive prong analysis was undertaken; the prior appeal's prong 1 failure (adopted from SCOPS) was simply reaffirmed as unaffected by the new filing.

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)(2)
• 8 C.F.R. 103.5(a)(4)
• 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