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 initially proposed to work as a financial operations director at established U.S. companies, but later stated she would instead direct operations at her own company providing financial services along with administrative and managerial oversight to high-net-worth clients from Brazil and Latin America.
Field: financial/investment services · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner "significantly changed her proposed endeavor"”
“the Petitioner presented a new set of facts regarding the proposed endeavor, thus making a material change to a filed petition”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not offer new facts about the prospective impact of the Petitioner's proposed endeavor”
AAO decision text - motion resubmission · discounted
“she does not explain how discussion or consideration of those materials would have changed the outcome of our appellate decision”
AAO decision text
Where this case turned
- Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
Notable
This is a motion decision (not the underlying appeal) dismissing both a motion to reopen and a motion to reconsider; the prior appellate decision's dispositive finding concerned an impermissible material change to the proposed endeavor between filing and the RFE response. A footnote notes the Petitioner mistakenly invoked the Fourth Amendment when she apparently meant the Fifth Amendment's due process guarantee.
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 Izummi
- Matter of Katigbak
- Matter of O-S-G-
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