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 serve as general and operations manager of acai fruit bowl and smoothie franchises in the United States.
Field: acai fruit bowl and smoothie franchise operations management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not identify a new fact, nor does he submit documentary evidence of such a fact”
AAO decision text
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Notable
This is a procedural motion decision, not a substantive NIW prong analysis; prior appeal (not this document) addressed the merits. Petitioner raised an unusual and unexplained Fourth Amendment argument, which the AAO rejected as unsupported. Petitioner also mischaracterized the prior decision's stated endeavor as 'management consulting' when the record actually reflected acai franchise management.
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
- Matter of Coelho
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