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 entrepreneur in the technology field, sought EB-2 classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.
Field: technology · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
This decision never reaches the NIW merits or exceptional-ability threshold; it solely addresses a combined motion to reopen/reconsider a prior AAO summary dismissal of the appeal (for failure to timely submit a brief identifying errors of law or fact under 8 C.F.R. 103.3(a)(1)(v)). The AAO found the Petitioner submitted only duplicate evidence and no cogent legal argument, so both motions were dismissed without addressing prongs 1-3 or the threshold exceptional-ability/advanced-degree issue.
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)(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 Coelho
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers