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, described as an educator and entrepreneur, sought an EB-2 national interest waiver; her RFE response purportedly addressed the projected U.S. economic impact of her endeavor, but the specific venture is not detailed in this decision.
Field: education/entrepreneurship · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner did not establish she qualified as a member of the professions holding an advanced degree or an individual of exceptional ability; the RFE response addressing this deficiency was delivered late and excluded from the record, and AAO affirmed this on motion.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not offered new evidence or claimed new facts”
AAO decision text - other · ignored
“any evidence in the late-filed RFE response was not part of the record at the time of the initial decision”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision is almost entirely procedural, addressing whether a late-mailed RFE response should be excused and whether the motion to reopen/reconsider requirements were met, rather than substantively re-analyzing the NIW prongs. A footnote notes an irregularity in the prior appellate decision: it adopted the Director's analysis on Dhanasar prong one even though the Director never reached a conclusion on national interest, but the Petitioner did not challenge this and it was deemed abandoned.
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 O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an assistant professor of Arabic, proposed to continue teaching Levantine-Modern Standard Arabic to U.S.
- The Petitioner, a secondary school teacher, proposed to develop and implement an open educational resource program to ex
- The Petitioner proposed to establish a consulting company in Missouri to design and implement a nationally adaptable tea
- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu