NIW Bearings
dismissedJUL172024_13B52032024-07-17 · combined · 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 decision does not describe the underlying endeavor; it addresses only the timeliness of the Petitioner's prior motion following denial of an NIW petition for an entrepreneur.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    it is not accompanied by evidence that the package was in fact mailed via USPS on that date
    AAO decision text

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Notable

This decision does not reach the merits of the NIW petition at all; it is purely a procedural dismissal of combined motions to reopen/reconsider a prior summary dismissal, based on untimeliness of the underlying motion (Petitioner's USPS Click-N-Ship label showed only a ship date, not proof of actual timely mailing/delivery) and failure to identify any legal or factual error for reconsideration.

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)(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)
  • Matter of Coelho

Cases in adjacent profiles