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, a nurse, sought to work in the United States under an EB-2 classification as an individual of exceptional ability with a national interest waiver.
Field: nursing · Read the decision (uscis.gov)
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Notable
This decision is purely procedural: the AAO dismissed a combined motion to reopen and reconsider as untimely, without reaching the merits of the underlying NIW eligibility. The motion to reconsider was dismissed because the regulation permits no extension of the 30-day deadline, and the motion to reopen was dismissed because reliance on USPS mail delivery did not establish that the delay was beyond the Petitioner's control.
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)(4)
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