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 construction manager and civil engineer, sought an EB-2 national interest waiver, but the specific endeavor is not described in this procedural decision.
Field: construction management / civil engineering · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“there is no clear evidence that USCIS may have improperly discharged its duties when processing the prior combined motion”
AAO decision text
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Notable
This decision is purely procedural: it addresses only the timeliness of the Petitioner's second combined motion to reopen and reconsider (mailbox-rule and presumption-of-regularity arguments), and does not reach any NIW prong analysis on the merits.
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
What this case teaches
Analyst reading of the decision text.
The combined motion to reopen/reconsider was untimely filed (received 33+ days late); Petitioner failed to rebut presumption of regularity in USCIS receipt records or show reasonable excusable delay.
File motions well within the regulatory deadline and retain verifiable delivery/tracking evidence; mailing date does not establish USCIS receipt date.
vague
mixed
Cases in adjacent profiles
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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