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 general and operations manager, sought to work in her field in the U.S., asserting eligibility for a national interest waiver based on a business plan and industry evidence.
Field: general and operations management · Read the decision (uscis.gov)
How the evidence was treated
- business plan · ignored
“the current motion to reopen does not state new facts material to the basis for which we dismissed the second motion”
AAO decision text - motion resubmission · discounted
“the Petitioner has not offered new evidence or facts on motion to overcome the stated grounds for dismissal”
AAO decision text
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Notable
This is a third successive combined motion to reopen/reconsider in a long procedural history (original denial, appeal dismissal, two prior dismissed motions). The AAO never reaches the merits of the NIW prongs; the case turns entirely on procedural failure to state new facts or identify legal/factual error in the prior decision, and on the Petitioner's earlier waiver of her EB-2 classification claim.
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)
- Matter of Coelho
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod