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, an urban planning and environmental policy researcher, sought to work in the U.S. on issues connected to flood control and urban planning, as suggested by supporting letters from a university professor and a flood control district manager.
Field: urban planning and environmental policy · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text - recommendation letter · discounted
“neither letter specifically states a new fact to be provided in the reopened proceeding”
AAO decision text
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Notable
This decision is a motion to reopen a prior AAO appellate dismissal that had found the endeavor met prong 1 (substantial merit and national importance) but failed prong 2 (well-positioned), reserving prong 3. The current motion was dismissed purely on procedural grounds—failure to state new facts under 8 C.F.R. 103.5(a)(2)—without any substantive re-examination of the Dhanasar prongs. The Petitioner's cover letter improperly promised to submit additional evidence within 30 days after filing, which the regulation does not permit; the AAO also noted that even the later-submitted letters would not have satisfied the 'new facts' requirement had they been timely filed.
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)(2)
- 8 C.F.R. 103.5(a)(4)
- INA 291
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