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.
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
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers