The record does not substantively describe the Petitioner's proposed endeavor, as the motion concerned only a procedural dispute over the timeliness and proper filing of her appeal brief.

How the evidence was treated

• motion resubmission · discounted

  “The Petitioner has not established that our summary dismissal of the appeal was based on an incorrect application of law or policy”

  AAO decision text

Notable

This decision does not address the merits of the NIW petition at all. It is a procedural ruling on a combined motion to reopen/reconsider a prior summary dismissal of the appeal, which itself resulted from the Petitioner's brief being mailed to the wrong address (USCIS Phoenix Lockbox instead of directly to the AAO), causing it to arrive after the summary dismissal was issued. The AAO held that the Petitioner's mailing error and failure to include a basis statement with the Form I-290B itself was fatal, regardless of the brief's eventual (late) delivery.

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. 103.2(b)(1)
• 8 C.F.R. 103.5
• 8 C.F.R. 103.5(a)(1)(ii)
• Matter of Coelho

Cases in adjacent profiles

• The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
• The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
• The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
• 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