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 decision does not describe the specifics of the proposed endeavor beyond referencing a submitted business plan; substantive endeavor details are not discussed in this order.
EB-2 threshold — not met
The AAO's prior decision found the Petitioner abandoned his EB-2 classification eligibility claim by not addressing or contesting the Director's denial on that basis; on motion the Petitioner again failed to contest this finding.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not offer new facts in order to qualify for the eligibility requirements of a motion to reopen”
AAO decision text - business plan · discounted
“the evidence does not overcome our determination that the Petitioner failed to address or contest his eligibility”
AAO decision text - resume experience · discounted
“the evidence does not overcome our determination that the Petitioner failed to address or contest his eligibility”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
The AAO never reached the merits of the national interest waiver (prongs 1-3) in either the underlying appeal or this motion; the case turned entirely on the Petitioner's failure to contest the threshold EB-2 classification denial, which was deemed abandoned and, on motion, still uncontested.
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 L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
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