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.
Not discussed; the decision resolves a procedural dispute over appeal brief filing and does not reach the merits of the proposed endeavor.
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
The decision does not reach any NIW substantive prong. The Director denied the underlying I-140 on both advanced-degree eligibility and NIW grounds, but the AAO's prior summary dismissal of the appeal (for failure to identify legal/factual error and failure to timely submit a brief to the AAO) was upheld on combined motions. The Petitioner argued he had timely mailed his appeal brief, but the AAO found he sent it to the USCIS Phoenix Lockbox address (per initial-filing instructions) rather than directly to the AAO as required for post-filing briefs, so the brief never reached the AAO and the summary dismissal stood. No merits analysis of threshold EB-2 or the NIW prongs occurs in this decision.
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