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 construction manager and civil engineer, sought an EB-2 national interest waiver, though the specific endeavor is not described in this procedural decision.
Field: civil engineering / construction management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“we are precluded from considering new evidence related to the underlying petition”
AAO decision text
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Notable
This is the fifth combined motion to reopen and reconsider in a long procedural history; the AAO dismissed it purely on procedural grounds (no new facts showing error, no showing of incorrect law/policy application) without reaching or re-analyzing the NIW merits or any Dhanasar prong.
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)(i)
- 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 Coelho
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- 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