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 record does not substantively describe the Petitioner's proposed endeavor, as this decision addresses only a procedural motion; the underlying petition concerned a marketing manager seeking an NIW.
Field: marketing · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“It appears that the Petitioner did not properly file the appeal brief at the appropriate address.”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition. It is a motion to reconsider a prior summary dismissal of the appeal, which itself resulted from an appeal brief allegedly filed at an incorrect UPS delivery address rather than the address specified on Form I-290B instructions (Box 21100, 2108 East Elliot Road, Tempe, Arizona). The AAO found the Petitioner failed to show the prior summary dismissal was based on an incorrect application of law or policy, so the motion was dismissed on procedural grounds without any substantive NIW prong analysis.
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)(3)
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- 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