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 commercial management, sought an EB-2 national interest waiver, though the underlying endeavor details were not discussed in this procedural motion decision.
Field: commercial management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner submitted no new facts or documentary evidence in support of the motion to reopen”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition at all; it is a second combined motion decision addressing only procedural requirements for motions to reopen and reconsider. The AAO found the motions timely (correcting its prior untimeliness finding) but still dismissed them because no new facts/evidence were submitted (motion to reopen) and the Petitioner only made vague, unsupported assertions of legal/policy error including a Fifth Amendment claim (motion to reconsider), without engaging the actual substance of the AAO's prior appellate decision.
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