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 veterinary assistant, sought EB-2 classification with a national interest waiver, though this motion decision does not describe the specific endeavor beyond her occupation.
Field: veterinary assistance · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not presented new facts”
AAO decision text
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Notable
This decision addresses a second combined motion to reopen and reconsider, filed after the AAO summarily dismissed a first combined motion. The AAO's review here is expressly limited to reviewing the summary dismissal decision itself, not the merits of the underlying NIW prongs; the prior appellate decision (not this one) had affirmed the well-positioned (prong 2) failure while withdrawing unfavorable findings on exceptional-ability eligibility and national importance (prong 1). No prong analysis occurs in this decision because the Petitioner merely resubmitted prior evidence and failed to identify new facts or legal/factual error.
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)
- INA 203(b)(2)
- Matter of Coelho
Cases in adjacent profiles
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- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod