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 attorney, sought EB-2 classification and a national interest waiver, but the decision does not describe the specific endeavor since the AAO's review was limited to procedural motion issues.
Field: law · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · ignored
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Notable
This decision is purely procedural: the AAO found the Director never issued a decision on the motion to reconsider (only the motion to reopen), and also failed to address a missing judicial-proceedings statement required under 8 C.F.R. 103.5(a)(1)(iii)(C). The AAO withdrew the Director's decision and remanded without reaching the merits of the underlying NIW petition, expressly declining to opine on Dhanasar prong eligibility. The Petitioner's appeal brief improperly addressed the underlying I-140 denial rather than the motions dismissal, which the AAO noted was not properly before it.
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. 103.3
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
What this case teaches
Analyst reading of the decision text.
Director adjudicated only the motion to reopen and failed to issue any decision on the motion to reconsider, requiring remand for that omitted determination.
Ensure agency decisions on combined motions address each motion type separately; procedural omissions can force remand regardless of underlying merits.
vague
mixed
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