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, an Oracle EBS (Enterprise Business Suite) consultant, sought EB-2 classification with a national interest waiver, though the specific proposed endeavor is not detailed in this procedural decision.
Field: Oracle EBS consulting · Read the decision (uscis.gov)
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Notable
This decision is purely procedural: it is the Petitioner's third motion to reconsider, dismissed as untimely (filed 52 days after the prior decision, exceeding the 33-day deadline including mailing allowance). The Petitioner argued the delay was due to a motion being rejected for incorrect fee amount, but the AAO held there is no provision to excuse untimely motions to reconsider and that correct fees must accompany filings. No substantive NIW prong analysis occurs in this decision.
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
Cases in adjacent profiles
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution