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 sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the specific proposed endeavor is not described in this procedural motion decision.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner's contentions in their 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 motion-to-reconsider dismissal — the second such motion in the proceedings (following an appeal and a combined motion to reopen and reconsider). The AAO did not re-examine the merits of any Dhanasar prong; it dismissed solely because the petitioner's arguments were substantively identical to those already raised and rejected, and a disagreement with the AAO's weighing of evidence does not constitute legal error. No new substantive analysis of the NIW prongs appears in this decision.
What this case teaches
Analyst reading of the decision text.
Petitioner's second motion to reconsider merely reargued prior points and disagreed with evidence weighing, without identifying a specific legal or policy error in the prior decision, as required under 8 C.F.R. 103.5(a)(3).
A motion to reconsider must pinpoint a specific misapplication of law or policy in the prior decision; rehashing prior arguments or disputing evidence weighing will fail.
vague
mixed
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