dismissedJUL262022_02B52032022-07-26 · combined · Nebraska Service Center

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 legal analyst and consultant, sought EB-2 classification with a national interest waiver; in the prior appeal the AAO found his endeavor had substantial merit but not national importance.

Field: legal analysis/consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“we dismissed the subsequent appeal, concluding that though the record shows that the proposed endeavor would have substantial merit, the Petitioner did not establish the national importance of his proposed endeavor”

AAO decision text

How the evidence was treated

motion resubmission · discounted
“The Petitioner's brief does not state new facts nor is it supported by documentary evidence”
AAO decision text

Where this case turned

Endeavor too vague · p1 — described as a job role, not a defined undertaking

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Notable

This decision is a combined motion to reopen/reconsider that disposes of the case entirely on procedural grounds—no new facts submitted and the brief merely re-litigated the underlying denial rather than challenging the AAO's prior appellate decision. The AAO incorporates its earlier decision (ID# 17944664) by reference rather than re-analyzing prongs 2 and 3, which remained unreached/reserved.

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)
8 C.F.R. 103.5(a)(4)
Matter of O-S-G-

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