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 civil works project manager, sought an EB-2 national interest waiver; the underlying merits of his proposed endeavor were never before the AAO in this decision.
Field: civil works project management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“neither establish the denial decision was improperly mailed to the Petitioner nor do they provide new facts overcoming the grounds of the denied petition”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition at all; the sole issue was whether the Director properly dismissed the Petitioner's motion to reopen for failure to meet 8 C.F.R. 103.5(a)(2) requirements, turning on a factual dispute about proper mailing/service of the underlying denial notice. No prong or threshold EB-2 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)(2)
- 8 C.F.R. 103.5(a)(4)
Cases in adjacent profiles
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- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod