dismissedAUG082022_01B52032022-08-08 · combined · Nebraska 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 Petitioner, an historical architect, sought to design, restore, and convert historical buildings (e.g., into a religious/cultural center) as part of her ongoing work in historical architecture and preservation.
Field: historical architecture / historic preservation · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner offers little clarifying explanation or analysis to accompany her portfolio and therefore we cannot determine what specific evidentiary purpose it serves in this matter”
“she has not established that historical architecture services are not available in the United States or that her techniques are so unique and novel as to impact the field of historical architecture on a scale that rises the level of national importance”
“he does not provide specific examples of how her proposed endeavor will impact society”
“the Petitioner has not established how her proposed endeavor would broadly impact society at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- other · discounted
“additional samples and examples of it would not be considered "new facts" upon which to sustain a motion”
AAO decision text - recommendation letter · discounted
“he does not provide specific examples of how her proposed endeavor will impact society”
AAO decision text - motion resubmission · discounted
“Submitting additional samples or examples of the Petitioner's work...will not necessarily satisfy the Petitioner's burden”
AAO decision text - resume experience · discounted
“the purpose of the national interest waiver is not to enable a petitioner to engage in a U.S. job search”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
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Notable
This is the Petitioner's third combined motion to reopen and reconsider following a prior AAO dismissal on Prong 1 national importance grounds; the AAO reaffirms that dismissal without reaching Prongs 2 or 3, and separately rejects a proffered USCIS STEM news alert as irrelevant because the Petitioner is not a STEM graduate or entrepreneur.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
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