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 proposed to operate a business, though the decision does not specify its nature beyond referencing its claimed economic impacts.
EB-2 threshold — addressed
The Director found the Petitioner qualified as a member of the professions holding an advanced degree; this was not at issue on motion.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner's brief in his current motion merely restates facts and issues we have already considered in our previous decisions.”
AAO decision text - business plan · discounted
“generally reiterated the benefits of the Petitioner's profession, his qualifications, and the claimed economic impacts of his proposed business”
AAO decision text
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Notable
This decision is entirely procedural: the AAO had summarily dismissed the underlying appeal for failure to timely submit a brief (petitioner mailed it to the wrong USCIS address, not the AAO), and this decision dismisses subsequent combined motions to reopen/reconsider because the Petitioner failed to address or identify error in the prior decision, instead merely restating prior arguments. No NIW prong analysis occurs; the merits of the national interest waiver were never substantively reached at the AAO level.
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. 103.3
- 8 C.F.R. 103.5
- Matter of Coelho
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp