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 special needs specialist, sought to continue working in her field in the United States, though the specific proposed endeavor is not detailed in this motion decision.
Field: special needs education · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“The Petitioner submits a motion brief that quotes from her personal statement and opinion letters already in the record.”
AAO decision text
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Notable
This is a second motion to reconsider following a prior appeal dismissal and a prior motion to reconsider dismissal. The AAO did not reach the merits of the NIW prongs; it found the motion procedurally deficient because the Petitioner merely re-argued prior points ('broadly disagreeing with our conclusions') without citing law or policy the AAO misapplied, per 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
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
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