dismissedNOV012023_01B52032023-11-01 · combined · Texas Service Center
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 architect, sought a national interest waiver for an unspecified proposed endeavor in her field; the underlying details of the endeavor are not elaborated in this motion decision.
Field: architecture · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director concluded the Petitioner qualified as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“We concluded the record did not establish that the proposed endeavor would have national importance, as required by the fust Dhanasar prong, and we reserved the remaining Dhanasar prongs.”
“We incorporate by reference our prior analysis of why the record does not satisfy the first Dhanasar prong, as required.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner neither states a new fact on motion nor supports such a fact by documentary evidence”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable
The Petitioner also asked the AAO to reconsider a separate Certification Request response, but the AAO held this was beyond the scope of the combined motion since it was not the subject of the prior decision, and declined to reopen/reconsider it sua sponte under 8 C.F.R. 103.5(a)(5).
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
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- 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