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 proposed endeavor; it concerns only procedural motions after a prior summary dismissal of the appeal.
Field: · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“this shipping label demonstrates that the Petitioner misfiled the brief to an incorrect address and therefore does not aid his case”
AAO decision text
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Notable
Purely procedural decision: the AAO never reached the NIW merits. The underlying appeal had been summarily dismissed because the Petitioner failed to submit a brief to the AAO (he mistakenly mailed it to a different address per the FedEx shipping label he later submitted). This second combined motion to reopen/reconsider was dismissed because the misfiling was the Petitioner's own error, not an AAO error, and the shipping label did not show the AAO's prior decision was incorrect. No prong or threshold analysis occurred in this decision itself.
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 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