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, a business management consultant, sought an EB-2 NIW; on motion he attempted to substitute a new endeavor involving creation of an international health startup hub in Wyoming through a newly formed company.
Field: business management consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we dismissed the appeal, concluding that the Petitioner has not sufficiently demonstrated that his proposed endeavor is of national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“A motion to reopen should not act as a vehicle-as a Trojan horse of sorts-to introduce new eligibility claims for the first time.”
AAO decision text - funding · discounted
“The Petitioner must establish eligibility at the time of filing.”
AAO decision text - motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This decision addresses a combined motion to reopen/reconsider rather than re-analyzing NIW prongs on the merits; the AAO rejected the Petitioner's attempt to substitute a wholly new endeavor (an international health startup hub in Wyoming via a newly formed company) as an improper 'Trojan horse' new eligibility claim not permissible on motion, and found the supporting evidence postdated the filing date.
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. 103.2(b)(1)
- 8 C.F.R. 103.2(b)(12)
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Izummi
- Matter of Katigbak
- Matter of O-S-G-
- Section 291 of the Act
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution