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 sought to work as a real estate entrepreneur in the United States, though the underlying nature of the endeavor was not substantively reached.
Field: real estate · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO's prior appeal decision found the Petitioner had not provided sufficiently detailed employment letters to demonstrate five years of progressive experience in the specialty equivalent to a master's degree; on motion, Petitioner failed to submit new facts/evidence or identify legal error.
How the evidence was treated
- resume experience · discounted
“we agreed with the Director that the Petitioner had not provided sufficiently detailed employment letters to demonstrate that he had five years of progressive experience”
AAO decision text - motion resubmission · discounted
“the Petitioner provides a listing of already provided evidence with no analysis or argument”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This is a motion decision, not a substantive appeal; AAO reserved on the NIW prongs entirely because the threshold EB-2 classification (advanced degree via 5 years progressive experience) was never established. The Petitioner's motion to reopen failed for lack of new facts, and the motion to reconsider failed for merely re-listing evidence without identifying legal error, per Matter of O-S-G-.
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)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- Matter of Coelho
- Matter of O-S-G-
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