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 business consultant, sought EB-2 classification with a national interest waiver of the job offer requirement; the merits of his proposed endeavor were never substantively addressed in this decision.
Field: business consulting · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“he did not demonstrate on motion that he followed form instructions and mailed his brief to the correct mailing address”
AAO decision text
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Notable
This decision is purely procedural: the AAO upheld its prior summary dismissal because the Petitioner mailed his appeal brief to the Vermont Service Center instead of directly to the AAO as required by Form I-290B instructions. No NIW prong or threshold eligibility issue was substantively analyzed on the merits.
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)
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution