NIW Bearings
dismissedOCT012024_03B52032024-10-01 · combined · Texas Service Center

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 management consultant entrepreneur, sought EB-2 classification with a national interest waiver, though the underlying endeavor is not described in this procedural decision.

Field: management consulting · Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    “the Petitioner has submitted additional evidence in support of the motion to reopen, the Petitioner has not established eligibility”
    AAO decision text
  • other · discounted
    “she has not provided tracking data showing when the submission was mailed or when it was received for processing by USCIS”
    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 combined motions to reopen/reconsider a prior AAO dismissal of an appeal as untimely. The Petitioner argued USPS mailing constituted timely filing with USCIS, which the AAO rejected because USCIS has not designated USPS as a filing location and no tracking data was provided showing receipt by USCIS. All three substantive prongs are left unanalyzed.

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)(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

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