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, an industrial and quality engineer, sought an EB-2 national interest waiver to work in the United States in his field, claiming either advanced degree professional or exceptional ability status.
Field: industrial and quality engineering · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner does not demonstrate that our previous decision was based on an incorrect application of law or policy at the time we issued our decision.”
AAO decision text
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Notable
This decision is purely procedural: the AAO dismissed the motion to reconsider as untimely filed, noting the Petitioner acknowledged the late filing but requested discretionary excuse. The AAO held that unlike motions to reopen, regulations governing motions to reconsider contain no provision permitting discretion to excuse late filing. The history of this case includes a prior appeal dismissal, three prior motions to reconsider (the most recent dismissed as untimely), and a subsequent motion to reopen that was also dismissed. No merits analysis of the NIW prongs or EB-2 threshold was conducted in this decision.
What this case teaches
Analyst reading of the decision text.
The motion to reconsider was untimely filed (beyond the 30/33-day regulatory deadline), and no regulatory provision permits discretionary excusal of late motions to reconsider (unlike motions to reopen); petitioner also failed to show prior decision misapplied law or policy.
Strictly meet the 30/33-day deadline for motions to reconsider; there is no discretionary cure for untimeliness as there sometimes is for motions to reopen.
vague
mixed
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