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 addresses only the timeliness of a combined motion to reopen and reconsider a prior NIW appeal dismissal.
How the evidence was treated
- motion resubmission · discounted
“the FedEx receipt shows that she dropped off the motion at FedEx on May 25, 2024...scheduled delivery date was May 29, 2024, not May 28, 2024”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision is purely procedural: it resolves a combined motion to reopen and reconsider as untimely and does not reach or discuss the merits of the NIW eligibility (no prong analysis occurs). The AAO found the Petitioner's claim of postal delay factually contradicted by her own FedEx receipt, which showed a scheduled delivery date of May 29, 2024, one day later than she claimed.
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