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 sales division manager and technical advisor, sought an EB-2 classification with a national interest waiver, though the specific endeavor was not detailed as the decision turned on procedural abandonment.
Field: sales / technical advisory · Read the decision (uscis.gov)
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Notable
The appeal was dismissed as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss (NOID) within the allotted 33-day period; no substantive prong analysis was undertaken. The case also has an unusual procedural history: AAO initially dismissed the appeal, then reopened it on its own motion, before ultimately dismissing again for abandonment.
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
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
Petitioner failed to respond to AAO's Notice of Intent to Dismiss within the 33-day deadline, resulting in dismissal of the appeal as abandoned under 8 C.F.R. 103.2(b)(13)(i).
Always respond to a NOID within the deadline; failure to respond results in automatic dismissal regardless of the underlying merits of the NIW case.
vague
mixed
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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