dismissedAPR242025_03B52032025-04-24 · combined

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 financial manager, proposed an endeavor related to small business and entrepreneurship, though specifics were not detailed in this decision.

Field: financial management · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

“the Petitioner again argues that our decision improperly required her endeavor to be geographically national in scope per our overruled decision in Matter of New York State Dep 't of Transp.”

AAO decision text

How the evidence was treated

other · discounted
“the Petitioner does not explain how these articles contain new facts to establish that we erred in dismissing the prior motion”
AAO decision text
motion resubmission · discounted
“the Petitioner's contentions in the current motion largely reargue facts and issues we have already considered in our previous decisions”
AAO decision text

Where this case turned

Local, not national scope · p1 — impact confined to clients / a region

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Notable

This is a second combined motion to reopen and reconsider following a prior dismissed appeal and prior motions; AAO explicitly notes NYSDOT was overruled and that it applied the Dhanasar national-importance factors rather than a strict national-scope requirement. No new substantive prong analysis occurs; the decision is purely procedural, reviewing whether the motion met the reopen/reconsider standards.

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 Coelho
Matter of O-S-G-

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