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 procedural handling of the Petitioner's appeal and subsequent motions.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner has not established that our summary dismissal of the appeal was based on an incorrect application of law or policy”
AAO decision text
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Notable
This decision does not reach the NIW merits at all; it is a purely procedural ruling on combined motions to reopen/reconsider a prior summary dismissal of the appeal, which itself resulted from the Petitioner mailing his brief to the USCIS Phoenix Lockbox instead of directly to the AAO, causing it to be excluded from the record at the time of summary dismissal. No prong analysis occurs.
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. 103.2(b)(1)
- 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)
- 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