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 training and development specialist, proposed an entrepreneurial endeavor supported by a business plan related to business and entrepreneurship consulting.
Field: training and development · Read the decision (uscis.gov)
How the evidence was treated
- business plan · discounted
“the Petitioner has not offered new evidence or facts on motion to overcome the stated grounds for dismissal”
AAO decision text - motion resubmission · discounted
“he merely reasserts arguments we have already considered and found unpersuasive in our initial decision”
AAO decision text
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Notable
This is a second combined motion to reopen and reconsider following an earlier dismissed motion; the AAO found the Petitioner's reference to Dhanasar ambiguous as to which prior decision he contested, and declined to re-adjudicate the merits, limiting review strictly to whether new facts or legal error existed regarding its own latest decision rather than the original prong findings.
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)(i)
- 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 O-S-G-
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