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 sought to establish an educational services firm headquartered in Massachusetts that would provide Christian education.
Field: early childhood/Christian education · Read the decision (uscis.gov)
EB-2 threshold — not met
Prior appeal decision found Petitioner did not establish her degree was foreign equivalent of a U.S. bachelor's degree or that she had five years of progressive experience in the specialty; motion did not overcome this.
Prong 1 — national importancenot established · dispositive
“we concurred with the Director's determination that the Petitioner did not establish that her proposed endeavor has national importance”
“the Petitioner does not provide any new evidence or arguments which overcome our prior determination”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not provide any new evidence or arguments which overcome our prior determination”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This is a motion decision reviewing a prior AAO appeal dismissal; the AAO did not re-examine the merits in depth but held the Petitioner failed to present new facts or legal error sufficient to disturb the prior dispositive finding on national importance (prong 1) and the threshold EB-2 advanced-degree determination.
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)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- 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