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 industrial automation developer, sought to work on automation projects and business ventures in the United States.
Field: industrial automation · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“But he previously submitted this evidence.”
AAO decision text
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Notable
The AAO never reached the NIW prongs at all, repeatedly reserving opinion on the waiver's merits because the underlying EB-2 classification eligibility finding (from a prior appellate decision) was dispositive and unchallenged on proper grounds. This decision is purely procedural: the motion to reopen was dismissed because it merely resubmitted previously filed evidence (no 'new facts' under 8 C.F.R. 103.5(a)(2)), and the motion to reconsider was dismissed because the combined filing was 'a nearly verbatim copy of prior counsel's written brief' that failed to address the actual dismissal ground of the AAO's most recent decision, exceeding the permissible scope of review under 8 C.F.R. 103.5(a)(1).
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of L-A-C-
- Matter of O-S-G-
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