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 finance manager, sought to continue working in financial management in the United States and requested a national interest waiver of the job-offer requirement.
Field: finance/financial management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“We agreed with SCOPS that she did not demonstrate the "national importance" of her proposed U.S. work as a finance manager.”
“It lacks evidence of the claimed national importance of her proposed U.S. financial management work, the underlying dismissal ground of our prior decision.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“The motion contains evidence addressing only the timeliness of its filing.”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This decision is procedural, addressing the eighth-plus round of motions in a long-running NIW case; the AAO dismisses the motion to reconsider as untimely (no excusal available by regulation) and, even assuming excusal of the late motion to reopen, finds it substantively deficient because it addressed only timeliness and not the underlying national-importance dismissal ground. The AAO also invokes a 'presumption of regularity' for its own mailing and declines to resolve whether BIA equitable-tolling precedent (Matter of Morales-Morales) applies, citing Bagamasbad's rule against advisory findings.
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
- Poursina v. USCIS
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