dismissedAPR222024_07B52032024-04-22 · combined · Texas Service Center
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 record did not consistently establish what the petitioner's proposed endeavor actually was, nor its national importance, according to the AAO's underlying appellate decision.
Prong 1 — national importancenot established · dispositive
“the Petitioner had not submitted consistent evidence to establish the national importance, or even the precise nature, of her proposed endeavor”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner makes vague and general assertions that USCIS disregarded unspecified evidence”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
1,581coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Notable
Petitioner raised an irrelevant Fourth Amendment claim (alleging evidence was not properly analyzed by 'the Service'), which the AAO rejected as unrelated to the grounds of the prior decision, citing Matter of O-S-G-. The motion was dismissed for failing to identify overlooked evidence or specific legal/factual errors in the June 2023 appellate decision, without re-analyzing prongs 2 or 3.
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(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 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 O-S-G-
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