dismissedOCT302023_02B52032023-10-30 · motion_reconsider · Texas Service Center

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 substance of the Petitioner's proposed endeavor; it addresses only procedural issues from a prior appeal and this motion to reconsider.

Read the decision (uscis.gov)

How the evidence was treated

motion resubmission · discounted
“was not in fact included in the RFE response or mentioned in the Petitioner's letter accompanying that response”
AAO decision text

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Notable

This is a purely procedural motion-to-reconsider decision: the underlying appeal was dismissed because the Petitioner failed to contest the Director's dispositive Dhanasar/NIW denial, which the AAO deemed waived, and therefore never substantively reached the NIW prongs or the EB-2 classification issue (both reserved under INS v. Bagamasbad and Matter of L-A-C-). The Petitioner's motion argument that the AAO's prior decision 'lacks a proper and specific analysis of the effectiveness of each presented evidence' was rejected because the waiver, not an evidentiary evaluation, was the basis for dismissal. The AAO also noted the Petitioner's failure to submit required Form ETA 750-B or Form ETA 9089 during the RFE stage, and rejected as untimely a copy of Form ETA 9089 submitted for the first time on motion.

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)
Matter of L-A-C-

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