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 proposed to operate a business in his profession, claiming associated economic impacts, in support of an EB-2 national interest waiver petition.
Field: unknown (proposed business) · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“does not provide any new evidence or arguments which overcome the Director's determination”
AAO decision text
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Notable
Decision is purely procedural: it addresses a combined motion to reopen/reconsider a prior summary dismissal caused by the Petitioner mistakenly mailing the appeal brief to the USCIS Phoenix Lockbox instead of the AAO. No substantive NIW prong analysis occurs; the AAO notes that even if the brief had been properly filed, it merely reiterated prior arguments about professional benefits and business economic impact without identifying error in the Director's 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)(i)
- 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)
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