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 construction and building inspector, sought to work in his field in the United States, including through a proposed business, while requesting a waiver of the job offer requirement.
Field: construction and building inspection · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director had found the Petitioner did not qualify as either an advanced-degree holder or an individual of exceptional ability, and this was not disturbed on motion.
How the evidence was treated
- motion resubmission · discounted
“does not provide any new evidence or arguments which overcome the Director's determination”
AAO decision text - business plan · discounted
“generally reiterates the benefits of the Petitioner's profession, his qualifications, and the claimed economic impacts of his proposed business”
AAO decision text
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Notable
This decision does not reach any NIW prong analysis because it concerns a procedural dispute over a prior summary dismissal for failure to timely and properly file an appeal brief with AAO; the Petitioner mailed the brief to the wrong address (Form I-290B filing location instead of directly to AAO). The AAO also alternatively addressed the merits of the belatedly-filed brief, finding it insufficiently specific to identify any error in the Director's decision.
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
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp