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 decision does not describe the Petitioner's proposed endeavor; it addresses only procedural issues regarding a summarily dismissed appeal.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner's evidence on motion does not establish that she sent her brief and/or additional evidence to our office.”
AAO decision text
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Notable
This decision is purely procedural: it concerns whether the AAO erred in summarily dismissing the Petitioner's underlying appeal for failure to timely submit an appeal brief, not the merits of the NIW petition. The Petitioner argued her brief was delivered to an address in Tempe, Arizona, but the AAO found this did not establish delivery to its office. No substantive NIW prong analysis occurs.
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
- 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