dismissedDEC132024_03B52032024-12-13 · motion_reconsider · Nebraska 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, described as an international marketing innovation executive, sought EB-2 classification with a national interest waiver of the job offer and labor certification requirements.

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

How the evidence was treated

motion resubmission · discounted
“Because the AAO did not receive the appeal brief... we summarily dismissed the appeal.”
AAO decision text

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Notable

This decision is purely procedural: it resolves a motion to reconsider a prior AAO summary dismissal that resulted from the Petitioner's appeal brief being mailed to the wrong address (Tempe, AZ) instead of the AAO. No substantive NIW prong analysis (Dhanasar factors) was reached; the AAO confirmed the summary dismissal was procedurally correct because the appeal brief was never properly received.

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)(i)
8 C.F.R. 103.5(a)(1)(ii)
8 C.F.R. 103.5(a)(3)
8 C.F.R. 103.5(a)(4)

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