dismissedMAR072024_02B52032024-03-07 · motion_reopen · Texas Service Center
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 financial controller for an oil and gas-related company, claimed his financial management work generated significant economic impact through hiring and vendor engagement warranting a national interest waiver.
Field: financial management / oil and gas · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the list of individuals does not establish that his employer-or any employer-has hired any of the 45 workers it itemizes, or the location where any of the individuals work.”
“These issues cast doubt on the veracity of the lists, which undermines their reliability and sufficiency even further.”
“the Petitioner has not provided a new, probative fact to establish that we erred in dismissing the appeal.”
AAO decision text
How the evidence was treated
- contract revenue · discounted
“does not establish that his employer-or any employer-has hired any of the 45 workers it itemizes”
AAO decision text - resume experience · discounted
“reiterates information already in the record regarding his employment history”
AAO decision text - motion resubmission · discounted
“a motion to reopen must state new facts and be supported by documentary evidence...rather than reiterate information already in the record.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
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Notable
Petitioner mislabeled the filing as an 'appeal' of the AAO's own dismissal (which the regulations do not permit) and alternatively failed to state a proper motion to reconsider, so AAO construed it as a motion to reopen. AAO also questioned the authenticity of submitted payroll/vendor lists, noting inconsistent fonts and lack of provenance.
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
- 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)
- Flores v. Garland
- Matter of Coelho
- Matter of Ho
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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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