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 underlying proposed endeavor; it addresses only a procedural motion to reconsider a prior appellate dismissal.
EB-2 threshold — not met
The Petitioner claimed EB-2 eligibility only as an advanced-degree professional before the Director; her later claim of eligibility as an individual of exceptional ability, raised for the first time on appeal, was deemed waived/not properly before the AAO, and on motion she failed to show this was legal or factual error.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner generally relies on the same claims previously put forth in her appeal”
AAO decision text
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Notable
This decision resolves only a motion to reconsider a prior AAO appellate dismissal; the merits of the national interest waiver (prongs 1-3) were never reached because the AAO had already reserved that issue in its earlier decision after finding the underlying EB-2 classification issue (exceptional ability claim) waived for not having been raised before the Director. The motion turned entirely on whether the Petitioner had, in fact, claimed exceptional-ability eligibility below, and the AAO found she had not shown this, dismissing the motion under the 'specify the factual and legal issues' standard from Matter of O-S-G-.
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)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of O-S-G-
- Matter of Otiende
- Matter of R-A-M-
- Section 291 of the Act
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