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 architect and interior designer, sought to work in the United States in her profession, though the specific proposed endeavor was not discussed in this decision.
Field: architecture and interior design · Read the decision (uscis.gov)
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Notable
The AAO did not reach the merits of the NIW eligibility at all. The appeal was dismissed as moot because the Petitioner, who was also the beneficiary of an approved I-130 petition, had already been granted permanent residence via a Form I-485 filed on a different basis, subsequent to filing this appeal. The Director's underlying denial concerned failure to establish NIW eligibility (having conceded advanced-degree EB-2 qualification), and a subsequent combined motion to reopen/reconsider was rejected purely on procedural grounds (missing judicial-proceedings statement under 8 C.F.R. 103.5(a)(1)(iii)(C)) rather than on the merits.
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. 103.3
- 8 C.F.R. 103.5
- INA 203(b)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp