The Petitioner, a geologist, sought EB-2 classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.

How the evidence was treated

• motion resubmission · discounted

  “he has not provided new facts or new evidence that would overcome our decision to dismiss his prior motion as untimely filed”

  AAO decision text

Notable

This decision is purely procedural: it dismisses a combined motion to reopen and reconsider on timeliness and sufficiency grounds without reaching the underlying NIW merits (prongs 1-3) or re-analyzing the threshold EB-2 exceptional-ability determination made in a prior appellate decision. The Petitioner argued his untimely filing should be excused because he mistakenly used an outdated Form I-290B version, but the AAO found this did not establish the delay was reasonable and beyond his control.

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
• 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