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 Petitioner, an aircraft mechanic, sought classification as an EB-2 advanced degree/exceptional ability professional with a national interest waiver, though the underlying endeavor is not described in this procedural motion decision.
Field: aircraft mechanics · Read the decision (uscis.gov)
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Notable
This decision is purely procedural: the AAO dismissed combined motions to reopen and reconsider solely on timeliness grounds (motion received 39 days after the prior appellate decision, exceeding the 33-day mail-service deadline), without reaching any substantive NIW or EB-2 eligibility analysis. The motion to reconsider could not be excused as untimely under 8 C.F.R. 103.5(a)(1)(i), and the Petitioner failed to justify the delay for the motion to reopen.
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
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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