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 detail the specific endeavor beyond referring generically to the Petitioner's 'proposed endeavor' as an entrepreneur; substantive endeavor details are not restated in this motion decision.
How the evidence was treated
- motion resubmission · discounted
“it disputes the denial of the underlying petition and largely repeats prior arguments we have already considered in our previous decisions”
AAO decision text - recommendation letter · discounted
“the Petitioner does not claim any new facts and does not submit any new evidence”
AAO decision text
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Notable
This is a second combined motion to reopen/reconsider, dismissed entirely on procedural grounds (no new facts/evidence for reopening; no identified legal/policy error for reconsideration) without re-reaching the merits of the NIW prongs. The Petitioner's prior motion had raised a Fourth Amendment argument (that the AAO's dismissal violated the Fourth Amendment), which the AAO had previously rejected as an unsupported, generalized disagreement rather than a specific legal error.
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)(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)
- 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