The Petitioner, an agronomist engineer, sought to work in his field in the United States, though the specific endeavor is not described in this procedural decision.

How the evidence was treated

• resume experience · ignored

  “the Petitioner has not provided new facts to establish that we erred in dismissing his prior motion to reconsider”

  AAO decision text
• motion resubmission · discounted

  “the Petitioner's new evidence before us today was not in the record at the time of our initial dismissal”

  AAO decision text

Notable

This decision is purely procedural, addressing a second-tier motion to reopen following prior dismissals of an appeal and a motion to reconsider; the AAO does not reach the merits of any NIW prong, instead holding that new evidence submitted with the motion to reopen cannot cure the earlier motion to reconsider's failure because that motion is limited to the record as it existed at the time of the original 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

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