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 tourism consultant and entrepreneur, sought EB-2 classification as an individual of exceptional ability with a national interest waiver; the specific endeavor is not described in this procedural decision.
Field: tourism · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner again seeks to reach back to earlier stages of the proceeding that are outside the scope of a motion”
AAO decision text - other · discounted
“neither the previous motion or the instant motion provides medical documentation or information on a "health crisis."”
AAO decision text
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Notable
This decision is purely procedural: the AAO does not reach or re-analyze any Dhanasar prong or the exceptional-ability threshold, finding instead that the motion to reconsider improperly attempts to relitigate issues beyond the scope of the immediately prior (February 2026) decision. The Petitioner raised a novel claim that a 2024 'health crisis' impaired her cognitive ability to meet regulatory deadlines, which the AAO rejected as unsupported by any medical documentation and outside the case's prior issues. The AAO notes this is one of several motions and appeals it has already dismissed, invoking the public interest in finality (citing INS v. Doherty, INS v. Abudu, and Hernandez-Ortiz v. Garland) to criticize repetitive motion practice.
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)(3)
- 8 C.F.R. 103.5(a)(4)
- 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