NIW Bearings
dismissedAUG192024_04B52032024-08-19 · combined · Texas Service Center

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 marketing manager, sought EB-2 classification with a national interest waiver, but the decision does not substantively describe her proposed endeavor.

Field: marketing · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner submits the same evidence and indicates, without citing to law or policy, that she cannot be held responsible for a third-party courier error
    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 purely procedural: it addresses whether an appeal brief was timely filed (mailed to an incorrect address) and rejects a due-process argument, without reaching any substantive NIW prong analysis. The AAO reaffirms a prior summary dismissal for lack of specific error allegations on the Form I-290B, and declines to rule on constitutional/due-process claims, citing lack of jurisdiction over the Act's constitutionality.

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 Coelho

Cases in adjacent profiles