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 proposed to operate a real estate and construction business.
Field: real estate and construction · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not establish how the Petitioner's proposed endeavor of real estate and construction stands to extend sufficiently beyond his business and potential clients at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- motion resubmission · ignored
“a motion to reconsider must establish that the prior decision was incorrect based on the evidence of record at the time of the decision”
AAO decision text
Where this case turned
- Local, not national scope · p1 — impact confined to clients / a region
Notable
This is a second motion to reconsider after a prior appeal and prior motion to reconsider were both dismissed; the AAO found the Petitioner merely repeated verbatim language from prior briefs without identifying any legal or policy error, consistent with Matter of O-S-G-, and declined to consider newly submitted documentary evidence because motions to reconsider are limited to the record at the time of the prior 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
- Matter of O-S-G-
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