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 specialist mechanic, sought EB-2 classification based on exceptional ability and a national interest waiver of the job offer requirement to work in the United States in a mechanical specialty.
Field: specialist mechanics · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“the Petitioner provides no explanation as to why the payment was declined, vaguely citing various potential reasons such as "internal bank processing," a "technical payment decline," or "security flags on the card."”
AAO decision text
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Notable
Both the motion to reconsider and motion to reopen were dismissed solely on timeliness grounds — filed 74 days after the prior AAO decision, well beyond the 30-day regulatory deadline. The AAO declined to apply nunc pro tunc relief, noting it is not a court of law. The Petitioner's excuse of a bank payment decline was rejected as neither reasonable nor beyond its control, given a 36-day gap between the rejection notice and resubmission. No merits analysis was conducted.
What this case teaches
Analyst reading of the decision text.
Both motion to reconsider and motion to reopen were filed well beyond the 30-day regulatory deadline (74 and 36 days late, respectively), and Petitioner failed to show the delay was reasonable or beyond its control (vague, unsubstantiated bank-decline explanation), so AAO dismissed both without reaching NIW merits.
File motions within the strict 30-day deadline and, if excusing delay, provide detailed, documented proof the delay was reasonable and outside petitioner's control.
vague
person_focused
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