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 nutritionist and entrepreneur, proposed to work in the health and nutrition sector addressing obesity and promoting wellness.
Field: nutrition and wellness · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute the submission of "new facts."”
AAO decision text
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Notable
This decision resolves only combined motions to reopen and reconsider following a prior AAO dismissal; the AAO did not reach or re-analyze the substantive NIW prongs (national importance, well-positioned, or balancing test). The motion to reopen was dismissed for failing to present new facts/evidence, and the motion to reconsider was dismissed because the Petitioner merely reargued eligibility and vaguely alleged 'misunderstanding' without identifying a specific incorrect application of law or policy.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
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