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, an engineer and project manager in the oil and gas industry, sought to continue work in that field in the United States under an EB-2 national interest waiver.
Field: oil and gas engineering / project management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we affirmed the Director's decision that the Petitioner had not established the proposed endeavor's national importance”
“The Petitioner's personal statement and resubmitted evidence do not overcome those deficiencies and does not establish that his proposed endeavor has national importance.”
AAO decision text
Prong 2 — well positionedestablished
“the Director concluded that... he is well positioned to advance the proposed endeavor.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The Petitioner's personal statement and resubmitted evidence do not overcome those deficiencies”
AAO decision text - motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
This is a second motion to reopen following a prior appeal dismissal and a prior motion to reopen dismissal on the same national-importance issue; the AAO also notes in a footnote that much of the resubmitted evidence postdates the May 17, 2019 filing date and is therefore untimely under Matter of Katigbak.
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. 103.2(b)(12)
- 8 C.F.R. 103.5(a)(2)
- Matter of Katigbak
- Matter of L-A-C-
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