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 legal consultant, sought an NIW-based EB-2 immigrant petition; the underlying nature of her proposed endeavor is not detailed in this motion decision.
Field: legal consulting · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not identify a new fact, nor does she submit documentary evidence of such a fact”
AAO decision text
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Notable
The motion did not address the merits of the national-interest prongs at all; it was dismissed purely on procedural grounds (no new facts for reopening, no identified legal/policy error for reconsideration). The Petitioner's brief bizarrely invoked the Fourth Amendment's search-and-seizure protections as grounds for reconsideration, which the AAO quoted in full and found wholly inapplicable and unexplained.
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
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