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 entrepreneur and automobile repair worker, sought classification as an individual of exceptional ability with a national interest waiver, submitting a business plan related to an automobile repair venture.
Field: automobile repair · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not submitted evidence establishing any error in our prior decision”
AAO decision text - business plan · ignored
- resume experience · ignored
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Notable
This is a purely procedural decision on second combined motions to reopen/reconsider a prior summary dismissal (for untimely brief filing); the AAO did not reach the merits of the NIW prongs at all, finding the Petitioner failed to identify any legal error or submit new evidence of error, despite belatedly submitting a resume, business plan, and Dhanasar-based brief.
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)
- Matter of Coelho
Cases in adjacent profiles
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- 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