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, an agronomist engineer, sought an EB-2 national interest waiver, but this decision does not describe the specific endeavor as it addresses only procedural motion requirements.
Field: agronomy/agricultural engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“The Petitioner's contentions in his current motion merely reargue facts and issues we have already considered in our previous decisions.”
AAO decision text
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Notable
This is a purely procedural dismissal of a second motion to reconsider following an earlier dismissed appeal, a dismissed motion to reconsider, and a dismissed motion to reopen; the AAO explicitly declines to re-adjudicate the merits, so none of the three NIW prongs are substantively analyzed in this decision. The AAO cites Matter of O-S-G- to note the Petitioner improperly used the motion to merely rehash prior arguments rather than identify legal or policy 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)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- Matter of O-S-G-
What this case teaches
Analyst reading of the decision text.
Petitioner merely rehashed prior arguments and evidence without identifying any specific legal or factual error in the prior decision, as required for a motion to reconsider.
A motion to reconsider must pinpoint specific legal/policy errors in the prior decision, not restate the same eligibility arguments or evidence.
vague
person_focused
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