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, as described in a business plan submitted with the petition and reasserted on motion; specific details of the endeavor are not discussed in this decision.
Field: unknown (business plan referenced) · Read the decision (uscis.gov)
How the evidence was treated
- business plan · discounted
“The facts addressed in the undated business plan are not new, as contemplated by 8 C.F.R. § 103.5(a)(2)”
AAO decision text - motion resubmission · discounted
“the Petitioner itemizes evidence already in the record 'that are described in the [b]rief'”
AAO decision text
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Notable
This decision is purely procedural: it addresses only a combined motion to reopen and reconsider following two prior dismissals (an appeal and a prior combined motion), and does not substantively re-analyze the NIW prongs. The AAO found no new facts (motion to reopen) and no incorrect application of law or policy (motion to reconsider), including rejecting reliance on non-precedent AAO decisions as non-binding under 8 C.F.R. 103.3(c) and citing Matter of O-S-G- for the proposition that a motion to reconsider may not simply reassert the same brief presented on appeal.
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. 103.2(b)(1)
- 8 C.F.R. 103.3(c)
- 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)
- Matter of Coelho
- Matter of Izummi
- Matter of Katigbak
- 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