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, claiming exceptional ability, sought to advance an endeavor related to technology through his work as founder/director of companies he claimed to have led, seeking a national interest waiver of the job offer requirement.
Field: technology · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found the Petitioner made willful misrepresentations regarding his work experience, patent authorship, and qualifications material to his eligibility as an individual of exceptional ability.
How the evidence was treated
- resume experience · discounted
“the record does not sufficiently corroborate his previous work experience with O-P-”
AAO decision text - patents · discounted
“he submitted patents which were either unrelated to his claims or authored by another person”
AAO decision text - motion resubmission · discounted
“we do not consider new facts or evidence with a motion to reconsider”
AAO decision text
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Notable
This decision does not reach the Dhanasar prongs; the case was resolved entirely on a finding of willful misrepresentation of material facts regarding the Petitioner's exceptional ability qualifications (work experience and patent claims), rendering him ineligible. The motion to reconsider was dismissed because the Petitioner merely reiterated prior arguments and attempted to submit new evidence (amended tax return) not permissible on a motion to reconsider.
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
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