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 software developer, proposed an endeavor involving leading software development projects that he claims would impact the national economy and strengthen the U.S. information technology sector.
Field: software development · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“he reasserts arguments we have already considered and found unpersuasive in previous decisions”
AAO decision text - other · discounted
“he does not assert any new facts supported by documentary evidence”
AAO decision text
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Notable
This is a purely procedural dismissal of a second combined motion to reopen/reconsider; the AAO did not re-engage with the substantive Dhanasar prong analysis, finding instead that the Petitioner merely reasserted previously rejected arguments (regarding national importance and being well positioned) without new facts or evidence of legal/policy error, so no prong is substantively analyzed in this 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
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- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod