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 restaurant manager and entrepreneur, proposed to operate a restaurant business in the United States, claiming it would have positive economic impact.
Field: restaurant management / food service business · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
This is a purely procedural motion decision (second combined motion to reopen/reconsider following a prior summary dismissal and a prior motion dismissal); the AAO does not substantively re-engage with the NIW prongs or threshold EB-2 eligibility, finding only that the Petitioner reiterated prior claims about his profession, qualifications, and business's economic impact without new facts or a showing of legal error.
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
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