NIW Bearings
dismissedJAN102024_10B52032024-01-10 · motion_reconsider · Texas Service Center

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