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 software engineer, sought to work in the United States under an EB-2 classification with a national interest waiver; the decision does not describe the specific endeavor because it addresses only procedural motion issues.
Field: software engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner resubmits information already in the record”
AAO decision text
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Notable
This decision resolves a purely procedural dispute over a chain of untimely and misfiled motions following a prior AAO appeal dismissal; the AAO never reaches the NIW merits (threshold EB-2 or any Dhanasar prong) and instead dismisses the motion to reopen because the Petitioner failed to show new facts establishing that his underlying motion to reconsider was timely or that USCIS had discretion to excuse untimeliness (discretion to excuse late filing applies only to motions to reopen, not motions to reconsider).
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
- Matter of Coelho
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
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