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 lawyer, sought an EB-2 national interest waiver, though the substance of his proposed endeavor was not discussed in this decision.
Field: law · Read the decision (uscis.gov)
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Notable
This decision does not reach the merits of the NIW petition at all; it is a purely procedural dismissal of a fourth motion to reconsider, addressing only whether AAO erred in finding a prior motion untimely (filed 58 days after decision, beyond the 30-day regulatory deadline) due to counsel withdrawal and fee confusion. The AAO held it lacks authority to apply equitable tolling/estoppel against USCIS regulations, citing Matter of Hernandez-Puente, Accardi, and Nixon. No prong analysis occurred.
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)(i)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
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