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, described only as an entrepreneur, sought an NIW-based EB-2 petition; the underlying endeavor was not discussed because the case turned entirely on a procedural filing defect.
How the evidence was treated
- motion resubmission · discounted
“this shipping label demonstrates that the Petitioner misfiled the brief to an incorrect address”
AAO decision text
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Notable
The case never reached the NIW merits; the AAO's original appeal decision was a summary dismissal because the Petitioner misfiled his appeal brief to the wrong address instead of sending it to the AAO as required by the Form I-290B instructions. On combined motions, the Petitioner submitted a FedEx shipping label as 'new evidence,' but the AAO found this label actually confirmed the misfiling error rather than showing AAO error, so both the motion to reopen and motion to reconsider were dismissed without any prong analysis.
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
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers