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 director, sought classification as an individual of exceptional ability with a national interest waiver, though the specific proposed endeavor is not detailed in this motion decision.
Field: sales · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · ignored
“The Petitioner submits no additional or new evidence on motion.”
AAO decision text
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Notable
Petitioner argued that failure to properly consider evidence violated the Fourth Amendment of the U.S. Constitution; AAO rejected this as a generalized allegation of error lacking the specificity required for a motion to reconsider, and noted no new evidence was submitted to support reopening. The decision itself does not substantively engage with the Dhanasar prongs, instead focusing entirely on the procedural adequacy of the motion.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
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