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 sought EB-2 classification with a national interest waiver in connection with his work as a wholesale and retail food distributor; the specific endeavor's merits were addressed in a prior AAO appeal decision, not reargued substantively here.
Field: wholesale and retail food distribution · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not provide new facts to establish that we erred in dismissing the appeal or demonstrate that our prior decision was incorrect”
AAO decision text
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Notable
This decision is a motion (reopen/reconsider) on a prior AAO appeal decision, not a fresh merits review; the Petitioner incorrectly claimed the prior appeal had been summarily dismissed, and the AAO clarified it had in fact issued a full national-importance analysis under Dhanasar prong 1 in that earlier decision. No substantive prong analysis occurs in this decision itself.
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
- Matter of Coelho
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- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp