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 decision does not describe the Petitioner's specific proposed endeavor; it notes only that he is a computer engineer whose Form I-140 (advanced-degree/NIW) had already been approved by the Director before this motion arose.
Field: computer engineering · Read the decision (uscis.gov)
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Notable
This decision does not involve merits adjudication of the NIW prongs at all: the underlying I-140 was already approved by the Director, and the Petitioner's earlier appeal (mistakenly framed around a denied expedite request) was dismissed as moot. The instant combined motion to reopen/reconsider was dismissed because the Petitioner raised only unrelated matters (relocations, a dental appointment, mismatched I-485 filings) and identified no new fact or legal/policy error regarding the mootness finding. No prong or threshold analysis occurs anywhere in the 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)
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