English As A Second Language Teacher

The Director denied the petition because the Petitioner did not establish qualification for the underlying visa classification or that a waiver of the job offer would be in the national interest. Specifically, the Petitioner failed to demonstrate the proposed endeavor's substantial merit and national importance, that he is well-positioned to advance it, or that a waiver would benefit the U.S. The AAO dismissed the initial appeal, concurring with the Director on Prong 1 and reserving opinion on Prongs 2 and 3. The AAO dismissed a subsequent motion to reconsider, finding no erroneous application of law or policy. A second motion to reconsider was dismissed because the Petitioner failed to establish an erroneous application of law or policy, specifically rejecting arguments that Loper Bright Enterprises v. Raimondo overturned Dhanasar for agency adjudications and that the decision was contrary to the Administrative Procedures Act, as the scope of the motion was limited to the latest decision.