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 decision does not describe the substance of the Petitioner's proposed endeavor; it addresses only procedural defects in the appeal.
How the evidence was treated
- motion resubmission · discounted
“does not demonstrate eligibility for the requested benefit, nor does it have the potential to change the outcome”
AAO decision text
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Notable
This decision never reaches the merits of the NIW petition. It is a wholly procedural ruling upholding a prior summary dismissal of the appeal because the Petitioner's Form I-290B failed to allege any specific error by the Director and because the follow-on brief was mailed to the USCIS Phoenix Lockbox address rather than sent directly to the AAO as required by the form instructions. The motion to reopen and motion to reconsider were both dismissed on these procedural grounds without any discussion of national interest waiver prongs or threshold eligibility.
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
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- INA 203(b)(2)
- Matter of Coelho
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