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 fitness trainer and entrepreneur, sought an EB-2 national interest waiver, claiming his work in fitness training and entrepreneurship warranted a discretionary waiver of the job offer requirement.
Field: fitness training · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“he does not dispute or assert any legal or policy error in our previous decision summarily dismissing his appeal”
AAO decision text
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Notable
This decision addresses only a combined motion to reopen/reconsider following a prior summary dismissal of the appeal; the AAO does not substantively re-analyze the Dhanasar prongs, noting only that the Director had found none of the three prongs satisfied. The Petitioner's motion brief was virtually identical to his prior appeal brief, presented no new evidence, and identified no legal or factual error, leading to dismissal of both the motion to reopen and the motion to reconsider.
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)
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- 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