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, a restaurant manager and entrepreneur, sought an EB-2 national interest waiver, but the merits of his proposed endeavor were not discussed in this motion decision.
Field: restaurant management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“This evidence is insufficient to overcome our summary dismissal.”
AAO decision text
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Notable
This decision is procedural: it addresses only whether a prior summary dismissal of the appeal (for failure to identify an erroneous conclusion of law and failure to timely file a brief) should be reopened or reconsidered. The AAO never reaches the substantive NIW prongs or the threshold exceptional-ability issue; the Petitioner's tracking-receipt evidence purporting to show timely brief submission was found unconnected to him and insufficient.
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)
- Matter of Coelho
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