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 provide financial consulting services as the Founder and Lead Financial Advisor of his own firm.
Field: financial consulting · Read the decision (uscis.gov)
Prong 2 — well positionednot established
“the record does not demonstrate a record of success sufficient to establish that the Petitioner is well positioned to advance his endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The submission of letters from experts supporting the petition is not presumptive evidence of eligibility.”
AAO decision text - motion resubmission · discounted
“the evidence submitted on motion reveals no fact that could be considered new under 8 C.F.R. 103.5(a)(2)”
AAO decision text
Where this case turned
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
The appeal was procedurally limited to review of the Director's dismissal of a combined motion to reopen/reconsider, not the underlying NIW denial. The Petitioner's appeal brief addressed only the original denial and never contested the motion dismissal itself, so the AAO dismissed the appeal on procedural grounds without independently readjudicating the NIW prongs; the prong 2 discussion is a recitation of the Director's earlier reasoning rather than fresh AAO analysis.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of Caron Int'l
- Matter of Coelho
- Matter of D-R-
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