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 architect with a Colombian bachelor's degree and over five years of specialty experience, sought an EB-2 national interest waiver, though the specific proposed endeavor is not described in this procedural decision.
Field: architecture · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found Petitioner qualifies for EB-2 as advanced degree professional based on bachelor's degree equivalency plus five-plus years of progressive experience; Director had not reached this issue.
How the evidence was treated
- resume experience · credited
- degree · credited
- motion resubmission · discounted
“the Petitioner failed to specifically address the Director's reasons for denial in a timely manner”
AAO decision text
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Notable
This decision does not reach the NIW merits at all; it is a purely procedural dismissal of a motion to reopen a prior summary dismissal, based on the Petitioner having mailed her appeal brief and evidence to the wrong filing location (the I-290B filing address) instead of directly to the AAO, causing it to be untimely. The AAO did note in a footnote that Petitioner qualifies for the underlying EB-2 advanced-degree classification, but never analyzed the three Dhanasar prongs.
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
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
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