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 cybersecurity entrepreneur, sought to work in the United States in a cybersecurity-related endeavor, though the decision does not detail the specific proposed work.
Field: cybersecurity · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the facts and evidence submitted on motion do not address or otherwise overcome the basis for our decision to summarily dismiss the prior appeal”
AAO decision text
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Notable
This decision does not reach the NIW merits at all; it is a motion to reopen a prior summary dismissal of an appeal (for failure to file a brief identifying error). The Petitioner raised an ineffective assistance of counsel claim but failed to comply with Matter of Lozada requirements (affidavit, notice to prior counsel, disciplinary complaint), so the motion was dismissed on procedural grounds without any substantive prong analysis.
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
Cases in adjacent profiles
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- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- 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