The Petitioner sought to continue working as a restaurant manager, though the underlying nature of the proposed endeavor is not detailed in this procedural decision.

How the evidence was treated

• motion resubmission · discounted

  “The Petitioner's contentions in the current motion merely reargue facts and issues we have already considered in our previous decision.”

  AAO decision text

Notable

This decision is purely procedural: it dismisses a combined motion to reopen and reconsider without revisiting the merits of the EB-2/NIW eligibility determination made in the prior AAO appeal decision. The Petitioner submitted no new evidence and identified no legal error, so the AAO never reached prong analysis in this decision.

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)
• Matter of Coelho
• 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