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 operated one or more companies and submitted a business plan, though the specific nature of the proposed endeavor is not described in this procedural motion decision.
How the evidence was treated
- business plan · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute the submission of "new facts."”
AAO decision text - motion resubmission · discounted
“the Petitioner has not presented new facts establishing that we erred in dismissing his prior motion.”
AAO decision text - other · ignored
“we will only consider new evidence to the extent that it pertains to our latest decision”
AAO decision text
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Notable
This decision is purely procedural, addressing only whether a combined motion to reopen and reconsider met regulatory requirements; it does not reach any substantive NIW prong analysis. It follows a lengthy procedural history including a summarily dismissed appeal, a second appeal decided on the merits, and two prior motions to reconsider that were also summarily dismissed.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 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