dismissedAUG292024_02B52032024-08-29 · motion_reconsider · 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, a teacher, sought to enter the U.S. workforce as an English teacher; on motion he attempted to recharacterize his endeavor as providing telehealth-based medicine and education to underserved communities.
Field: teaching (English teacher) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner did not describe a specific, proposed endeavor in the United States other than seeking to enter the workforce as a teacher”
“the record did not establish that the Petitioner's teaching activities have the potential to extend beyond his students at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner generally disagrees with our conclusions without demonstrating how we erred as a matter of law or policy”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
On motion the Petitioner attempted to introduce an entirely new endeavor (telehealth/telepharmacy work) not previously raised; the AAO noted 'this is the first mention of medicine and related education' and treated the motion as an improper attempt to relitigate rather than show legal/policy error.
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)(3)
- Matter of O-S-G-
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