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 originally proposed to continue working as a general and operations professional in engineering, advising U.S. companies on planning, directing, and coordinating operations of public or private sector organizations; on RFE he attempted to substitute a heavy equipment rental service for construction and disaster recovery.
Field: general and operations management / engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“The Petitioner does not identify a new fact, nor does he submit documentary evidence of such a fact”
AAO decision text - business plan · discounted
“This was a material change to the original endeavor.”
AAO decision text
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Notable
The decision does not reach the NIW prongs; it is a motion decision addressing only whether the motion to reopen/reconsider met procedural requirements under 8 C.F.R. 103.5. The underlying appellate dismissal (not this decision) had found the proposed heavy equipment rental business was a material change to the originally filed endeavor (general/operations engineering advising), citing Matter of Izummi, and reviewed the petition only as originally filed.
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
- Matter of Izummi
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