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 chief executive in the field of orthopedic medicine, sought an EB-2 national interest waiver based on his endeavor in that field.
Field: orthopedic medicine · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not submit new evidence on motion sufficient to demonstrate that his appeal should not have been summarily dismissed”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition at all; it addresses only a procedural motion to reopen/reconsider a prior summary dismissal of the appeal, which resulted from the Petitioner mailing his appeal brief to the wrong USCIS mailing address (the Phoenix Lockbox instead of the AAO). The AAO found the misdirected brief did not excuse the summary dismissal and dismissed both motions on purely procedural grounds.
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 Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his