dismissedOCT092024_02B52032024-10-09 · 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 supply chain manager, sought EB-2 classification with a national interest waiver of the job offer requirement; the record contains no substantive discussion of his proposed endeavor.

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

How the evidence was treated

motion resubmission · discounted
“this shipping label demonstrates that the Petitioner misfiled the brief to an incorrect address and therefore does not aid his case”
AAO decision text

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Notable

This decision is purely procedural: the AAO had summarily dismissed the underlying appeal because the petitioner misfiled his brief to the wrong address rather than to the AAO as required. On combined motions, the AAO found the misfiling was the petitioner's own error, not an AAO error, and dismissed both the motion to reopen (new evidence—a FedEx label—did not change the outcome) and the motion to reconsider (no legal/policy error shown). No NIW prong analysis (Dhanasar or otherwise) was reached 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)(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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